Alexandra Toes v. HHS - HPV, severe adverse reaction (2016)

Alexandra Toes filed a petition on January 4, 2016, on her own behalf, alleging she suffered a severe adverse reaction after receiving her third Gardasil vaccination on December 17, 2012. The respondent was the Secretary of Health and Human Services.

The petitioner later filed an Amended Petition on April 28, 2016. The public decision does not describe the specific severe adverse reaction, the onset of symptoms, any medical records, or any specific medical opinions.

On December 7, 2016, the petitioner moved for a decision dismissing her petition, stating that she recognized she would likely be unable to meet her burden of proof as to scientific and medical causation under the existing record, or establish entitlement to compensation under the National Vaccine Injury Compensation Program. The petitioner acknowledged that a decision by the Chief Special Master would result in a judgment against her, ending all her rights in the Vaccine Program, but stated her intention to preserve her rights to file a civil action.

The respondent did not oppose the motion for dismissal. Chief Special Master Nora Beth Dorsey noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccination.

The record did not contain evidence of a "Table Injury," nor did the petitioner allege one. Furthermore, the record lacked persuasive evidence indicating the alleged injuries were caused by the Gardasil vaccination.

The decision stated that under the Vaccine Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion. As there were insufficient medical records and no medical opinion offered, the petitioner failed to demonstrate either a "Table Injury" or that the injuries were "actually caused" by the Gardasil vaccination.

Consequently, the case was dismissed for insufficient proof, and the Clerk was ordered to enter judgment accordingly. The status conference scheduled for December 15, 2016, was deemed moot and terminated.

The decision was issued by Chief Special Master Nora Beth Dorsey.