A.A. v. HHS - HPV, cognitive issues, postural orthostatic tachycardia syndrome (POTS), chronic migraine, allodynia, weakness, dizziness, confusion, memory loss, photophobia, anxiety, and stomach problems (2015)
Case summary [AI summaries can sometimes make mistakes]
Mary Axelson, on behalf of her minor child A.A., filed a petition on July 6, 2015, alleging that three Gardasil vaccinations administered on March 2, 2012, May 3, 2012, and October 8, 2012, caused A.A. to develop cognitive issues, postural orthostatic tachycardia syndrome (POTS), chronic migraine, allodynia, weakness, dizziness, confusion, memory loss, photophobia, anxiety, and stomach problems. The petition also alleged that Gardasil activated a latent Bartonella virus, though medical records did not support a Bartonella diagnosis, and Bartonella is a bacterium, not a virus.
A.A.'s cardiologist changed her diagnosis from POTS to vasovagal syncope, a condition the Special Master had previously ruled Gardasil does not cause. The Special Master reviewed the medical records and found that A.A.'s symptoms began before her Gardasil vaccinations, which precluded a finding of causation under the principle that a vaccination cannot cause an illness that onset occurred before the vaccination.
The petitioner's only recourse would have been to prove significant aggravation of pre-existing conditions, but the medical records did not support this. The decision noted that A.A.'s current condition appeared to be a consequence of her and her mother's failure to follow medical recommendations for adequate fluid and sodium intake and to undergo evaluations for Sensory Processing Disorder and Asperger's Syndrome, contributing to A.A.'s withdrawal from society.
On July 6, 2015, the petitioner filed a motion to dismiss her petition, stating that she would likely be unable to prove entitlement to compensation. Special Master Laura D.
Millman granted this motion and dismissed the case. The public decision does not describe the specific clinical story, expert testimony, or detailed mechanism of causation.
A subsequent decision on July 7, 2015, awarded $15,000.00 in attorneys' fees and costs based on a stipulation of fact between the parties, payable jointly to the petitioner, her attorney Andrew W. Downing, and Van Cott & Talamante, PLLC.
Theory of causation
Petitioner filed alleging Gardasil vaccinations caused cognitive issues, POTS, chronic migraine, allodynia, weakness, dizziness, confusion, memory loss, photophobia, anxiety, and stomach problems, and activated a latent Bartonella virus. The Special Master noted that A.A.'s symptoms began before vaccination, precluding causation. The cardiologist changed the diagnosis from POTS to vasovagal syncope, which the Special Master previously ruled Gardasil does not cause. Medical records did not support petitioner's allegations of causation or significant aggravation of pre-existing conditions. The decision highlighted A.A.'s and her mother's failure to follow medical advice regarding fluid/sodium intake and evaluations for Sensory Processing Disorder and Asperger's Syndrome as contributing factors to A.A.'s withdrawal. Petitioner moved to dismiss, stating inability to prove entitlement. The case was dismissed. The public decision does not detail a specific medical theory, expert testimony, or mechanism connecting Gardasil to the alleged injuries, nor does it describe the specific clinical story or onset of symptoms. An off-Table theory was implied by the dismissal. Attorneys' fees and costs of $15,000.00 were awarded based on stipulation. Special Master Laura D. Millman issued the decision on July 6, 2015 (dismissal) and July 7, 2015 (fees). Petitioner's counsel was Andrew W. Downing.
Source PDFs
USCOURTS-cofc-1_15-vv-00234