Morgan Davis v. HHS - HPV, intracranial pressure (pseudo-tumor cerebri), papilledema, and headaches (2017)
Case summary [AI summaries can sometimes make mistakes]
Morgan Davis, initially a minor represented by her mother, Raquel Davis, filed a petition on March 18, 2015, alleging that the human papillomavirus (HPV) vaccine (Gardasil), hepatitis A vaccine, and Menactra vaccine administered on April 10, 2012, caused her to develop intracranial pressure (pseudo-tumor cerebri), papilledema, and headaches. The petition was later amended to reflect that Morgan had reached the age of majority.
Petitioner's initial attorney attempted to find an expert witness to support the claim for 15 months but was unsuccessful, leading to the withdrawal of counsel on February 5, 2016. Petitioner was unable to obtain new counsel, and attorney William Rossbach also refused to represent her after failing to find an expert.
During a telephonic status conference on October 19, 2016, with petitioner, her mother, and respondent's counsel, petitioner's mother stated that she could not find a doctor to support the allegations, noting that her current neurologist and original diagnosing physician, Dr. Greg MacDonald, would not provide supporting statements.
The court issued an Order to Show Cause on February 7, 2017, directing petitioner to file an expert report or face dismissal. On February 23, 2017, petitioner's mother submitted a letter requesting dismissal without prejudice, stating that no physician could connect her daughter's condition to the vaccines.
Although the mother's letter claimed the diagnosing physician had linked the vaccines to the condition, medical records and prior statements contradicted this. The Special Master granted the motion to dismiss.
The public decision does not describe the specific clinical course or expert testimony presented, as the case was dismissed due to the lack of supporting medical records or expert opinion. The case was dismissed with prejudice.
Source PDFs
USCOURTS-cofc-1_15-vv-00277