Jasmyne Gramza v. HHS - HPV, immune thrombocytopenic purpura (ITP) (2018)

On March 10, 2015, Tarah Gramza filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of her daughter, Jasmyne Gramza. Jasmyne Gramza, who was 13 years old at the time of her first vaccination, received three doses of the Human Papillomavirus (HPV) vaccine between January 7, 2012, and January 23, 2013.

The petition alleged that these vaccinations caused her to develop immune thrombocytopenic purpura (ITP). The medical records indicated that Jasmyne had a history of migraines and contracted pneumonia in 2012.

She also had a large hematoma on her left thigh from a fall in May 2012, which was still tender in July 2012. Her symptoms of easy bruising and heavy bleeding began to be noticed around March 2013, with more significant bleeding and bruising reported by July 2013.

She sought medical attention in February 2014, where she was diagnosed with ITP. The case proceeded as an off-Table claim, meaning Jasmyne had to prove causation.

The Special Master, Brian H. Corcoran, held an entitlement hearing in June 2017.

Petitioner's mother, Tarah Gramza, and Jasmyne Gramza testified. Petitioner's expert, Dr.

Yehuda Shoenfeld, opined that the HPV vaccine caused Jasmyne's ITP through molecular mimicry. Respondent's experts, Dr.

Carlos Rose and Dr. Thomas Forsthuber, opined that Jasmyne suffered from Systemic Lupus Erythematosus (SLE) and that her condition was not related to the HPV vaccine.

Dr. Rose believed Jasmyne met four of the eleven SLICC criteria for SLE, while Dr.

Forsthuber rebutted Dr. Shoenfeld's molecular mimicry theory.

The Special Master found that Jasmyne's ITP onset was most reliably determined to be in July 2013, approximately six months after her last vaccine dose. The Special Master determined that this timeframe was not medically acceptable for vaccine causation, citing expert testimony suggesting a timeframe of four to six weeks post-vaccination.

The Special Master also found that Jasmyne did not establish a compelling narrative of cause and effect linking the vaccine to her ITP, noting the absence of treating physician opinions supporting this link and the presence of potential alternative causes like EBV. Although the Special Master found that the HPV vaccine could potentially cause ITP (Althen prong one), Jasmyne failed to establish the second and third Althen prongs.

Consequently, Jasmyne's petition for compensation was denied. This decision was reviewed by Senior Judge Susan G.

Braden, who affirmed the Special Master's findings, denying Petitioner's motion for review. The court found no arbitrary or capricious action by the Special Master in weighing the evidence and applying the law.

Petitioner was represented by Andrew D. Downing of Van Cott & Talamante PLLC, and Respondent was represented by Darryl R.

Wishard of the U.S. Dep’t of Justice.