Christi Fieselman v. HHS - HPV, other (2017)
Case summary [AI summaries can sometimes make mistakes]
On July 20, 2017, Christi Fieselman filed a petition on behalf of her minor child, M.V., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the human papillomavirus (HPV) vaccination M.V. received on December 31, 2013, caused injury.
After some medical records were filed, Special Master Brian H. Corcoran noted concerns about the claim's sufficiency.
Despite maintaining that the vaccination caused M.V.'s injuries, the petitioner stated she would be unable to prove entitlement to compensation and requested a dismissal. The Special Master's decision noted that the record lacked evidence of a "Table Injury" and contained no medical expert opinion or other persuasive evidence linking the alleged injury to the vaccination.
The filed medical records did not support the petitioner's claim. The Special Master found insufficient evidence in the record for the petitioner to meet her burden of proof.
Consequently, the case was dismissed for insufficient proof, and the Clerk was directed to enter judgment accordingly. Petitioner's counsel was Andrew D.
Downing of Van Cott & Talamante, PLLC, and respondent's counsel was Ilene C. Albala of the U.S.
Department of Justice.
Theory of causation
Petitioner Christi Fieselman, on behalf of minor M.V., alleged that an HPV vaccination on December 31, 2013, caused injury. The public decision does not specify the alleged injury or M.V.'s age at vaccination. Petitioner sought compensation under the Vaccine Program but later filed an unopposed motion to dismiss, stating she would be unable to prove entitlement. The Special Master, Brian H. Corcoran, noted the absence of evidence for a "Table Injury" and the lack of a medical expert's opinion or other persuasive evidence linking the alleged injury to the vaccination. The filed medical records were also found insufficient to support the claim. The case was dismissed for insufficient proof on August 23, 2017. Petitioner's counsel was Andrew D. Downing, and respondent's counsel was Ilene C. Albala.
Source PDFs
USCOURTS-cofc-1_17-vv-00170