Korrine Herlth v. HHS - HPV, seizures, autonomic dysfunction, neuropathy, dizziness, nausea, vertigo, and syncopal episodes (2020)

Filed 2016-01-13Decided 2020-07-27Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

On January 13, 2016, Andrea Herlth filed a petition for compensation in the National Vaccine Injury Compensation Program on behalf of her then-minor child, Korrine Herlth. Korrine Herlth was later substituted as the petitioner.

Petitioner alleged that the human papillomavirus (HPV) vaccine, received on December 3, 2013, caused her to develop seizures, autonomic dysfunction, neuropathy, dizziness, nausea, vertigo, and syncopal episodes. The respondent was the Secretary of Health and Human Services.

Petitioner was represented by Andrew Downing, Esq., and respondent was represented by Voris Johnson, Esq. Special Master Mindy Michaels Roth presided over the case.

The public decision does not describe the specific clinical story, onset, symptoms, diagnostic tests, or treatments. On June 17, 2020, the petitioner filed a Motion for Dismissal Decision.

To receive compensation, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the injury was actually caused by a vaccine. The Special Master reviewed the record and found insufficient medical evidence to support a claim that the HPV vaccine caused the alleged injuries, nor was there evidence of a Table Injury.

The record did not contain persuasive evidence indicating the alleged injury was vaccine-caused or vaccine-related. The petition was not supported by sufficient medical records or the opinion of a competent physician supporting entitlement.

Consequently, the Special Master determined that the petitioner failed to demonstrate entitlement to compensation. The case was dismissed for insufficient proof, and the Clerk was ordered to enter judgment accordingly.

The public decision does not specify any award amount or annuity terms.

Theory of causation

Petitioner Korrine Herlth, age 13, received the human papillomavirus (HPV) vaccine on December 3, 2013. She alleged the vaccine caused seizures, autonomic dysfunction, neuropathy, dizziness, nausea, vertigo, and syncopal episodes. The case was dismissed for insufficient proof by Special Master Mindy Michaels Roth on July 27, 2020. The petitioner failed to demonstrate a "Table Injury" or that the injury was "actually caused" by the vaccine, as required by the National Childhood Vaccine Injury Act. The record lacked sufficient medical records or competent physician opinions to support a finding of entitlement. The public decision does not specify a theory of causation, name medical experts, describe a mechanism of injury, or provide an award breakdown.

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