{"package_id":"USCOURTS-cofc-1_16-vv-01367","decision_granule_id":"USCOURTS-cofc-1_16-vv-01367-1","petitioner_identifier":"Jacqueline M. Duncan","is_minor":1,"age_at_vaccination":16.67,"age_unit_raw":"years","vaccine_type":"HPV","vaccination_date":"2013-10-28","condition_raw":"Pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections (PANDAS)","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2020-11-17","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:56:29.801849+00:00","number_of_concurrent_vaccines":1,"dose_number":2,"time_to_onset_days":1,"theory_of_causation":"Petitioner Jacqueline M. Duncan alleged that an HPV vaccination on October 28, 2013, significantly aggravated her pre-existing PANDAS. The Special Master, Christian J. Moran, dismissed the claim, finding insufficient evidence. The court upheld the dismissal, agreeing that Ms. Duncan failed to establish a persuasive medical theory connecting the HPV vaccine to her PANDAS and that her evidence regarding symptom onset timing was insufficient. The court noted that Ms. Duncan's experts, Dr. James Lyons-Weiler (Ph.D. in ecology) and Dr. Michael Joseph (pediatrician), lacked adequate qualifications and their opinions were unpersuasive. The proposed medical theory of molecular mimicry was deemed not specific enough to the case, and the evidence did not demonstrate that PANDAS symptoms worsened within a medically acceptable timeframe to infer causation. The court found the Special Master's evaluation of the evidence and experts' qualifications to be within his discretion, and the dismissal was based on the merits of the evidence presented, not as a sanction. The case was dismissed for failure to meet the burden of proof.","is_death":0,"date_of_death":null,"petition_filed_date":"2016-10-19","case_summary":"On October 19, 2016, Jacqueline M. Duncan filed a petition alleging that an HPV vaccination administered on October 28, 2013, significantly aggravated her pre-existing Pediatric Autoimmune Neuropsychiatric Disorder Associated with Streptococcal Infections (PANDAS). Ms. Duncan, born in February 1997, was 16 years old at the time of the vaccination. Her pre-vaccination medical history included significant issues such as anxiety, depression, and a tonsillectomy. Following the HPV vaccine, she claimed to have experienced severe fatigue, joint pain, headaches, and other symptoms. The Special Master, Christian J. Moran, dismissed her claim on October 19, 2020, finding that after four years, Ms. Duncan had not presented minimally competent evidence to substantiate her case. The Special Master noted that Ms. Duncan failed to establish a persuasive medical theory connecting the HPV vaccine to her PANDAS and that her evidence regarding the timing of symptom onset was insufficient. The court, in a decision issued on November 17, 2020, reviewed the Special Master's decision and found no abuse of discretion, agreeing with the dismissal. Ms. Duncan sought review of the Special Master's decision, arguing procedural objections. The reviewing court, on May 4, 2021, denied her motion for review. The court found that the Special Master's decision was not a sanction but a dismissal on the merits due to inadequate evidence. It also determined that the Special Master did not abuse his discretion by not requiring the respondent to file a motion for summary judgment or rebuttal evidence, as Ms. Duncan had been afforded a full and fair opportunity to present her case. The court agreed that the Special Master applied the appropriate standard of review and that his findings were not arbitrary and capricious, with one exception regarding the timing prong that did not warrant remand. The court upheld the Special Master's findings that Ms. Duncan's experts, Dr. James Lyons-Weiler (Ph.D. in ecology) and Dr. Michael Joseph (pediatrician), lacked the necessary qualifications and that their medical theories were not persuasive. Specifically, the court agreed that the molecular mimicry theory was not sufficiently specific to Ms. Duncan's case and that the evidence did not establish that her PANDAS symptoms worsened within a medically acceptable timeframe to infer causation. The court also found that the Special Master appropriately evaluated the weight of Dr. Joseph's opinion and that the instructions for expert reports, while potentially burdensome, did not alter Ms. Duncan's burden of proof or lead to an erroneous decision. The case was dismissed for failure to meet the burden of proof.","is_minor_inferred":0,"is_pediatric_broad":1,"special_master":"Christian J. Moran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Braden Blumenstiel","petitioner_attorney_firm":"Blumenstiel Falvo, LLC","petitioner_attorney_location":"Dublin, OH","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|braden-blumenstiel|","firm_canonical_key":"blumenstiel-falvo","package_title":"DUNCAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01367","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01367.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01367.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_16-vv-01367-0","title":"DUNCAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/19/2020) regarding 107 DECISION of Special Master. Signed by Special Master Christian J. Moran. (abs) Service on parties made.","date_issued":"2020-11-17","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-01367/granules/USCOURTS-cofc-1_16-vv-01367-0/pdf","pdf_bytes":296537,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_16-vv-01367/USCOURTS-cofc-1_16-vv-01367-0"},{"granule_id":"USCOURTS-cofc-1_16-vv-01367-1","title":"DUNCAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"JUDGE VACCINE REPORTED OPINION re: 119 Order on Motion for Review, Judge Vaccine Order/Opinion Signed by Judge Kathryn C. Davis. (amc) Service on parties made.","date_issued":"2021-05-04","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-01367/granules/USCOURTS-cofc-1_16-vv-01367-1/pdf","pdf_bytes":448893,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_16-vv-01367/USCOURTS-cofc-1_16-vv-01367-1"},{"granule_id":"USCOURTS-cofc-1_16-vv-01367-2","title":"DUNCAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 09/07/2022) regarding 129 DECISION of Special Master - Fees Signed by Special Master Christian J. Moran. (kp) Service on parties made.","date_issued":"2022-09-28","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}