Hannah Baiona v. HHS - Influenza, chronic pain, abdominal pain, sacroiliitis, migraine headaches, fibromyalgia, and costochondritis (2016)
Case summary [AI summaries can sometimes make mistakes]
Hannah Baiona filed a petition alleging that the Gardasil (HPV) and influenza vaccines administered on October 25, 2011, caused her chronic pain, abdominal pain, sacroiliitis, migraine headaches, fibromyalgia, and costochondritis, or alternatively, significantly aggravated her symptoms. Her pre-vaccination history included Hodgkin's lymphoma, allergic rhinitis, and sinusitis.
The onset of her fibromyalgia was noted as four to five months after vaccination. The petitioner's counsel consulted with several medical experts, but ultimately, Dr.
M. Eric Gershwin, a rheumatologist/immunologist, could not support the causation allegations.
On July 1, 2016, the petitioner filed a Motion for Judgment on the Record, stating that the expert report did not support causation. The court granted this motion, dismissing the petition for failure to make a prima facie case of causation in fact, as required by the National Childhood Vaccine Injury Act.
The decision noted that the petitioner did not file a medical expert report and the medical records did not substantiate her allegations, and that mere temporal association is insufficient to prove causation.
Source PDFs
USCOURTS-cofc-1_14-vv-01032