Janette H. Herrera v. HHS - HPV, multiple sclerosis (2017)
Case summary [AI summaries can sometimes make mistakes]
Janette H. Herrera filed a petition on June 23, 2015, alleging that she developed multiple sclerosis (MS) as a result of receiving two doses of the Human Papillomavirus (HPV) vaccine on January 13, 2014, and March 21, 2014.
The respondent, the Secretary of Health and Human Services, denied that the HPV vaccines caused Ms. Herrera's MS or any other injury.
Despite this denial, the parties filed a joint stipulation for damages on March 28, 2017. Special Master Thomas L.
Gowen reviewed the stipulation and found it reasonable. The court adopted the stipulation, awarding Ms.
Herrera a lump sum of $255,000.00 as compensation for all damages. The decision was issued on April 24, 2017.
The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Petitioner counsel was Mark L.
Krueger of Krueger & Hernandez, S.C., and respondent counsel was Lara A. Englund of the United States Department of Justice.
Theory of causation
Petitioner Janette H. Herrera alleged that HPV vaccines administered on January 13, 2014, and March 21, 2014, caused her to develop multiple sclerosis (MS). The respondent denied causation. The parties entered into a joint stipulation for damages, agreeing to an award of $255,000.00. Special Master Thomas L. Gowen adopted the stipulation on April 24, 2017. The theory of causation was not elaborated upon in the public decision, which noted it was an 'Off-Table' claim. The public decision does not name experts or describe the medical mechanism of injury.
Source PDFs
USCOURTS-cofc-1_15-vv-00651