A. S. v. HHS - HPV, pain, cramps, hemorrhaging, and in general, discomfort throughout her body (2016)
Case summary [AI summaries can sometimes make mistakes]
A.S., a minor, through her mother and guardian Cheryl Hines, filed a petition on August 12, 2015, alleging that A.S. suffered pain, cramps, hemorrhaging, and general discomfort throughout her body as a result of receiving the HPV Quadrivalent, Tdap, and Meningococcal vaccines on August 13, 2012. The respondent, the Secretary of Health and Human Services, filed a report concluding that the petitioner failed to prove by a preponderance of the evidence that the vaccines caused any adverse reaction or injury.
During status conferences, it became clear that the petitioner was pursuing a causation-in-fact claim, as there was no evidence of a "Table Injury." The petitioner was ordered to file a medical expert report but stated she was unable to obtain one and that further investigation would not be fruitful. The court found that the petitioner failed to demonstrate either a Table Injury or that the vaccines actually caused A.S.'s injuries, and also did not establish a significant aggravation theory.
Consequently, the case was dismissed for insufficient proof. The public decision does not describe the specific onset of symptoms, medical records, or treatments.
Petitioner counsel was Peter J. Sarda, and respondent counsel was Heather L.
Pearlman. Special Master Christian J.
Moran issued the decision.
Source PDFs
USCOURTS-cofc-1_15-vv-00868