Madeline Moorman v. HHS - HPV, constant debilitating headaches; chronic fatigue; depression (2016)
Case summary [AI summaries can sometimes make mistakes]
Madeline Moorman filed a petition on February 9, 2015, alleging that she suffered from constant debilitating headaches, chronic fatigue, and depression as a result of receiving two Gardasil Human Papillomavirus (HPV) vaccinations on February 3, 2012, and April 2, 2012. The petition was filed under the National Childhood Vaccine Injury Act of 1986.
On November 4, 2015, Petitioner filed a motion for dismissal of her petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation under the Vaccine Program. Petitioner understood that a dismissal decision would result in a judgment against her and end all her rights in the Vaccine Program.
Special Master Lisa Hamilton-Fieldman reviewed the record and found that the information did not show entitlement to an award. To receive compensation, Petitioner needed to prove either a "Table Injury" or that her injuries were actually caused by a vaccine.
The record did not contain evidence of a "Table Injury," nor did it include a medical expert's opinion or other persuasive evidence indicating that her injuries were caused by a vaccination. The medical records were insufficient to establish entitlement, and no medical opinion was offered in support.
Consequently, on December 1, 2015, Special Master Hamilton-Fieldman issued a decision denying the petition and dismissing it for insufficient proof. Subsequently, on January 22, 2016, the parties filed a Stipulation of Facts Concerning Attorneys' Fees and Costs.
On February 18, 2016, Special Master Hamilton-Fieldman issued a decision regarding this stipulation. The parties agreed to an award of $12,020.47 in attorneys' fees and costs, jointly payable to Petitioner and her attorney, Larry D.
Wright. Petitioner's counsel represented that Petitioner incurred $400.00 in personal litigation costs, payable to Petitioner.
Special Master Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. The total award was $12,420.47.
Theory of causation
Petitioner Madeline Moorman alleged that constant debilitating headaches, chronic fatigue, and depression resulted from two Gardasil HPV vaccinations received on February 3, 2012, and April 2, 2012. The public decision does not describe the specific theory of causation, mechanism of injury, onset of symptoms, medical records, diagnostic tests, or treatments. Petitioner's counsel was Larry D. Wright. Respondent's counsel was Debra A. Begley. Special Master Lisa Hamilton-Fieldman dismissed the petition on December 1, 2015, for insufficient proof, as Petitioner failed to demonstrate entitlement to compensation under the Vaccine Act. The decision noted the absence of a "Table Injury" and insufficient medical evidence or expert opinion to establish causation. On February 18, 2016, Special Master Hamilton-Fieldman awarded $12,020.47 for attorneys' fees and costs, jointly payable to Petitioner and her attorney, and $400.00 for Petitioner's personal litigation costs, based on a stipulation of facts concerning fees and costs, finding the petition was brought in good faith with a reasonable basis.
Source PDFs
USCOURTS-cofc-1_15-vv-00132