M.A.R. v. HHS - HPV, premature ovarian failure/insufficiency (2022)
Case summary [AI summaries can sometimes make mistakes]
Frederick and Lisa Root, as parents of their minor daughter M.A.R., filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2016. They alleged that the human papillomavirus (HPV) vaccinations M.A.R. received on January 21, 2013, March 8, 2013, and August 26, 2013, caused her to suffer from premature ovarian failure/insufficiency (POF/POI).
The respondent argued that the petitioners failed to establish a logical cause-and-effect relationship between the vaccinations and the alleged injury. The case was consolidated with other POI matters to address causation theories.
After several status conferences and extensions, the petitioners indicated that M.A.R. initially wanted additional testing due to her sister's autoimmune disorder, but due to severe psychiatric comorbidities, it was determined that such testing might hinder her psychiatric health. Ultimately, the petitioners filed an unopposed motion to dismiss their petition.
The Special Master found that the record did not contain persuasive evidence that M.A.R. suffered a "Table Injury" or that her POI was autoimmune in nature and caused by the HPV vaccinations. The medical record was deemed insufficient to prove the claim, and the case was dismissed for insufficient proof.
The Special Master was Herbrina Sanders. Petitioner counsel was Mark T.
Sadaka of the Law Offices of Sadaka Associates, LLC. Respondent counsel was Dorian Hurley of the U.S.
Department of Justice. The decision was issued on September 23, 2022.
Theory of causation
Petitioners alleged that HPV vaccinations administered on January 21, 2013, March 8, 2013, and August 26, 2013, caused M.A.R. to suffer from premature ovarian failure/insufficiency (POF/POI). The respondent argued that petitioners failed to establish a logical cause-and-effect relationship. The case was consolidated with other POI matters to address causation theories. Petitioners initially sought additional testing due to a family history of autoimmune disorder but decided against it due to M.A.R.'s severe psychiatric comorbidities, which providers believed could be hindered by such testing. Petitioners ultimately filed an unopposed motion to dismiss. The Special Master Herbrina Sanders found that the record lacked persuasive evidence of a "Table Injury" or that M.A.R.'s POI was autoimmune in nature and caused by the HPV vaccinations. The medical record was deemed insufficient to prove the claim. The case was dismissed for insufficient proof. Petitioners were represented by Mark T. Sadaka, and Respondent by Dorian Hurley. The decision date was September 23, 2022.
Source PDFs
USCOURTS-cofc-1_16-vv-00020