M.S. v. HHS - HPV, premature ovarian insufficiency (2016)

On November 13, 2014, Michelle and Matthew Smith, parents of a minor child identified as M.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that a series of Gardasil vaccinations administered on November 12, 2010, November 14, 2011, February 3, 2012, and November 16, 2012, caused M.S. to develop premature ovarian insufficiency.

The petitioners were represented by Tara C. O’Mahoney of the Law Offices of Chicago-Kent College of Law.

The respondent was represented by Debra A. Filteau Begley from the United States Department of Justice.

On September 22, 2016, the petitioners moved for a dismissal of their petition. They stated that following an investigation of the facts and science, a hearing on onset, and a review of expert reports, they believed they would be unable to prove entitlement to compensation.

The respondent did not oppose this motion. Special Master Lisa Hamilton-Fieldman noted that to receive compensation, petitioners must demonstrate either that M.S. suffered an injury listed on the Vaccine Injury Table corresponding to the vaccination, or that the injury was actually caused by the vaccine.

The record did not contain evidence of a Table Injury, nor did it present persuasive evidence that the Gardasil vaccinations caused M.S.'s alleged premature ovarian insufficiency. The Special Master further explained that awards under the Program cannot be based solely on claims but require support from medical records or a physician's opinion.

As the available medical records and expert reports were deemed insufficient to prove the claim, the case was dismissed for insufficient proof. The Clerk was directed to enter judgment accordingly.