Alexandra Nunez v. HHS - HPV, premature ovarian failure/insufficiency (2022)
Case summary [AI summaries can sometimes make mistakes]
On October 16, 2014, Monica Chenowith filed a petition for compensation on behalf of her minor daughter, Alexandra Nunez, alleging that the human papillomavirus (HPV) vaccinations received on October 20, 2011, and January 4, 2012, caused Alexandra to suffer from premature ovarian failure/insufficiency (POF/POI). The case was consolidated with other POI matters to assess the viability of the proposed causation theory.
Following several status conferences and the submission of expert reports, a ruling was issued on August 30, 2021, finding that the petitioners in the consolidated POI cases presented a causation theory that survived Althen prong one under limited, specific circumstances. A status conference was held on December 14, 2021, to discuss whether preponderant evidence showed POI with an autoimmune etiology.
Alexandra Nunez's legal team requested and was granted time to file updated medical records and a status report. Ultimately, Alexandra Nunez decided to withdraw her claim and dismiss the case, filing an unopposed motion for dismissal on April 12, 2022.
To receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain persuasive evidence of a Table Injury, nor did it contain sufficient proof that the HPV vaccinations caused the POI, as Alexandra could not show by a preponderance of the evidence that her condition was autoimmune in nature.
The medical record was also deemed insufficient to prove the claim. Therefore, the case was dismissed for insufficient proof by Special Master Herbrina Sanders.
The attorneys involved were Mark T. Sadaka for the Petitioner and Debra A.
Filteau Begley for the Respondent. The decision was issued on May 3, 2022.
Theory of causation
Petitioner Alexandra Nunez alleged that HPV vaccinations on October 20, 2011, and January 4, 2012, caused premature ovarian failure/insufficiency (POF/POI). The case was consolidated with other POI matters to assess causation theories under Althen prong one. After initial rulings, a status conference addressed whether the evidence showed POI with an autoimmune etiology. Petitioner requested time to file updated records and a status report, but ultimately withdrew the claim and moved for dismissal. Special Master Herbrina Sanders dismissed the case, finding insufficient proof. The public decision does not describe the specific mechanism of causation alleged, nor does it name specific medical experts. The record lacked persuasive evidence of a Table Injury and insufficient proof that the HPV vaccinations caused the POI, as Petitioner could not demonstrate by a preponderance of the evidence that her condition was autoimmune in nature. The medical record was deemed insufficient. Petitioner was represented by Mark T. Sadaka, and Respondent by Debra A. Filteau Begley. The dismissal decision was issued on May 3, 2022.
Source PDFs
USCOURTS-cofc-1_14-vv-00996