Kayla Carrillo v. HHS - HPV, severe adverse reaction (2020)

On October 12, 2017, Marlena Carrillo filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of her then-minor daughter, Kayla Carrillo. The petition alleged that Kayla suffered a severe adverse reaction to her second dose of the human papillomavirus (HPV) vaccine, Gardasil, which she received on October 21, 2014.

The respondent in the case is the Secretary of Health and Human Services. On July 31, 2020, the petitioner filed an unopposed motion to dismiss her own petition.

In the motion, the petitioner stated her intention to opt out of the Vaccine Program to pursue a third-party lawsuit directly against the vaccine manufacturer, Merck, in district court. The petitioner clarified that this decision was a strategic choice to enable her to reject a judgment and opt out, and did not reflect a lack of belief in the merits of her claim or that her injuries were not a result of Gardasil.

The respondent did not object to the motion. The Special Master, Herbrina Sanders, noted that the record did not contain evidence of a "Table Injury" and that entitlement based on causation in fact was not shown.

Given the petitioner's motion, further review was deemed unwarranted. The Special Master ordered the case dismissed, and the Clerk was directed to enter judgment accordingly.

The public decision does not describe the specific adverse reaction, onset of symptoms, medical tests, treatments, or expert witnesses.