Grace Easterling v. HHS - HPV, chronic arthralgias (2018)

On April 13, 2018, Stephanie Easterling filed a petition on behalf of her minor daughter, Grace Easterling, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Grace developed chronic arthralgias and other symptoms as a result of receiving human papillomavirus (HPV) vaccinations on June 10, 2013, August 13, 2013, and July 1, 2014.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report contesting entitlement and requesting dismissal. The Special Master granted an extension for the petitioner to file a status report.

On April 9, 2018, the petitioner filed a motion to dismiss her own petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation. The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that claims must be supported by medical records or expert opinion.

The public decision does not describe the specific onset of symptoms, medical records, expert opinions, or the mechanism of injury. As there was insufficient evidence in the record for the Petitioner to meet her burden of proof, and in accordance with her motion, the case was dismissed for insufficient proof.

No award was made. The decision was issued by Special Master Katherine E.

Oler on May 8, 2018. Petitioner's counsel was Joseph Leo Krueger of Siri & Glimstad, LLP, and respondent's counsel was Lara Ann Englund of the U.S.

Department of Justice.