S.W. v. HHS - HPV, severe adverse reaction (2016)

On November 6, 2015, Jeff Weggen and Beth Qualls filed a petition on behalf of their minor child, S.W., alleging that Gardasil vaccinations, with the last dose administered on May 17, 2012, caused a severe adverse reaction. The petitioners were represented by Andrew D.

Downing of Van Cott & Talamante, PLLC. The respondent was represented by Anne D.

Martin of the United States Department of Justice. On July 15, 2016, the petitioners moved for a decision dismissing their petition, stating they recognized they would likely be unable to meet their burden of proof regarding scientific and medical causation and establish S.W.'s entitlement to compensation under the National Vaccine Injury Compensation Program.

They understood that this dismissal would result in a judgment against them and end S.W.'s rights under the program. The Special Master noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccination actually caused the injury.

The public decision does not describe the specific severe adverse reaction alleged, nor does it contain evidence of a Table Injury. The record also did not provide persuasive evidence that the Gardasil vaccines caused S.W.'s alleged injuries.

The decision emphasized that claims must be supported by medical records or a physician's opinion, neither of which was sufficiently provided in the record. Consequently, Special Master Thomas L.

Gowen dismissed the case for insufficient proof, and the Clerk was ordered to enter judgment accordingly. The public decision does not detail the specific clinical story, onset, symptoms, tests, treatments, or expert names.