Ashley Dalton v. HHS - HPV, autoimmune disorder, chronic fatigue, myalgia, and various other symptoms and aggravated underlying symptoms of a pre-vaccination mild concussion (2020)
Case summary [AI summaries can sometimes make mistakes]
Ashley Dalton filed a petition on December 3, 2015, alleging that a human papillomavirus (HPV) vaccine administered on January 23, 2013, caused her to develop an autoimmune disorder, chronic fatigue, myalgia, and other symptoms, and aggravated a pre-existing mild concussion. Ms.
Dalton, initially a minor represented by her mother, assumed the role of petitioner upon reaching the age of majority. Over several years, she submitted medical records and expert reports from physicians including Dr.
Gireesh Velugubanti, Dr. Jill Schofield, Dr.
Mitchell Miglis, and Dr. Yehuda Shoenfeld.
Dr. Schofield's initial report suggested postural tachycardia syndrome (POTS), but it was later stricken from the record due to non-compliance with expert instructions.
Dr. Miglis provided a diagnosis of autonomic dysfunction with fibromyalgia as a symptom, and Dr.
Shoenfeld offered theories linking the HPV vaccine to POTS and fibromyalgia. The Secretary of Health and Human Services opposed compensation, arguing that medical records indicated symptom onset occurred long after vaccination and that Ms.
Dalton had not presented a persuasive medical theory. The Secretary also submitted expert reports from Dr.
Kenneth Mack and Dr. James Moy, who disputed the POTS diagnosis, with Dr.
Moy also disputing an autoimmune disease diagnosis and Dr. Mack proposing a diagnosis of new persistent daily headache.
On August 3, 2020, Ms. Dalton moved to dismiss her petition, stating that this decision should not be interpreted as a lack of belief in the merits of her claim.
The Secretary did not oppose the motion. Special Master Christian J.
Moran granted the motion for dismissal, noting that the evidence weighed against a finding of POTS and that without a showing of injury caused by the vaccine, the remainder of the case became moot. The case was dismissed with prejudice for insufficient proof.
Theory of causation
Petitioner Ashley Dalton alleged that an HPV vaccine received on January 23, 2013, caused autoimmune disorder, chronic fatigue, myalgia, and aggravated a pre-vaccination mild concussion. Petitioner submitted expert reports from Dr. Gireesh Velugubanti, Dr. Jill Schofield (stricken), Dr. Mitchell Miglis, and Dr. Yehuda Shoenfeld, who proposed theories connecting the HPV vaccine to POTS and fibromyalgia. Respondent Secretary of Health and Human Services opposed compensation, arguing symptom onset was delayed and the medical theory was not persuasive, submitting expert reports from Dr. Kenneth Mack and Dr. James Moy disputing the diagnoses. On August 3, 2020, Petitioner moved to dismiss her petition. Special Master Christian J. Moran granted the motion on September 29, 2020, dismissing the case with prejudice for insufficient proof, noting evidence weighed against a finding of POTS and that the injury causation element was not met. Attorneys for petitioner were Andrew D. Downing and for respondent was Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_15-vv-01465