Danielle Jennings v. HHS - HPV, asthma/breathing problems (2021)
Case summary [AI summaries can sometimes make mistakes]
Danielle Jennings, a minor at the time of vaccination, filed a petition for compensation under the National Childhood Vaccine Injury Compensation Program on June 30, 2016. She alleged that the human papillomavirus (HPV) vaccine she received caused various conditions, including asthma/breathing problems, chronic fatigue syndrome, and gastrointestinal dysfunction.
The respondent, the Secretary of Health and Human Services, disputed that Ms. Jennings had demonstrated a vaccine-related injury and argued against the temporality of the alleged symptoms, noting that some occurred before vaccination and some diagnoses occurred months after.
The Special Master, Christian J. Moran, reviewed extensive medical records and expert opinions.
The decision found that Ms. Jennings had not established a diagnosis for many of the claimed conditions, such as food allergies, chronic fatigue syndrome, and gastrointestinal disease, with insufficient evidence in the medical records.
Regarding her breathing difficulties, the court determined that these symptoms predated the vaccination. Specifically, on March 23, 2013, the same day she received her first dose of the HPV vaccine, she presented to her pediatrician, Marcia Newcombe, with breathing problems after running, and was diagnosed with exercise-induced asthma.
Therefore, the court concluded that the HPV vaccine did not cause her breathing problems. The case was decided on the papers without a hearing.
Compensation was denied because Ms. Jennings failed to prove by a preponderance of the evidence that she suffered from a defined injury caused by the vaccine, and her pre-existing breathing issues were not significantly aggravated by the vaccination.
The decision was reissued on April 20, 2021. Petitioner counsel was Scott W.
Rooney, and respondent counsel was Darryl Wishard. Ms.
Jennings sought redaction of the decision, but her motions were denied.
Theory of causation
Petitioner Danielle Jennings alleged that the HPV vaccine administered on March 23, 2013, and July 5, 2013, caused asthma/breathing problems, chronic fatigue syndrome, and gastrointestinal dysfunction. The Special Master, Christian J. Moran, found that Ms. Jennings failed to establish a diagnosis for food allergies, chronic fatigue syndrome, and gastrointestinal disease. Regarding breathing problems, the Special Master determined that these symptoms predated the vaccination, as evidenced by a pediatrician's visit on March 23, 2013, where she was diagnosed with exercise-induced asthma. Therefore, the HPV vaccine was not found to be the cause of her breathing problems. The case was decided on the papers, and compensation was denied. Petitioner was represented by Scott W. Rooney, and respondent was represented by Darryl Wishard. The decision date was April 20, 2021. The theory of causation was determined to be off-Table.
Source PDFs
USCOURTS-cofc-1_16-vv-00779