Jeff Curran v. HHS - HPV, other (2016)

Filed 2016-02-10Decided 2016-05-25Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

Jeff Curran filed a petition on February 10, 2016, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Mr.

Curran experienced an adverse reaction after receiving the HPV vaccine in August 2012. The case involved multiple extensions for the parties to file outstanding medical records and a joint status report.

On February 8, 2016, Mr. Curran filed an unopposed motion to dismiss his petition, stating that he anticipated he was unlikely to meet his burden of proof and wished to pursue civil action in the future, requesting dismissal to avoid wasting judicial resources.

Respondent did not object to the dismissal. Special Master Brian H.

Corcoran noted that the record lacked sufficient evidence to establish a "Table Injury" or that the alleged injury was actually caused by the vaccination, and that no expert opinion was offered to support the claim. The Special Master found that the evidence in the record was insufficient for Mr.

Curran to meet his burden of proof. Consequently, the case was dismissed for insufficient proof, and the Clerk was ordered to enter judgment accordingly.

Petitioner was represented by Andrew D. Downing of Van Cott & Talamante, PLLC, and Respondent was represented by Debra Begley of the U.S.

Department of Justice.

Theory of causation

Petitioner Jeff Curran filed a petition on February 10, 2016, alleging an adverse reaction to the HPV vaccine received in August 2012. The case was dismissed on May 25, 2016, by Special Master Brian H. Corcoran for insufficient proof. Petitioner filed an unopposed motion to dismiss, stating he anticipated an inability to meet his burden of proof and intended to pursue civil action. The Special Master found no evidence of a "Table Injury" and insufficient persuasive evidence that the alleged injury was actually caused by the vaccination or lasted more than six months. No expert opinion was offered to support the claim. Petitioner was represented by Andrew D. Downing, and Respondent by Debra Begley. The public decision does not describe the specific alleged injury, onset, symptoms, medical records, tests, treatments, or the mechanism of causation.

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