Jessica Harding v. HHS - HPV, significant aggravation of Wegener’s granulomatosis (2018)

Jessica Harding, then 21 years old, received a series of Gardasil (HPV) vaccinations starting on October 28, 2014. She alleged that these vaccinations caused a significant aggravation of her pre-existing condition, Wegener's granulomatosis (also known as granulomatosis polyangiitis or GPA).

Harding initially filed her petition with the Court of Federal Claims on October 20, 2017. She later filed a motion to dismiss her own claim, stating she understood this would result in a judgment against her and end her rights in the Vaccine Program, but that she intended to preserve her right to file a civil action.

Respondent did not oppose this motion. The Special Master dismissed the case for insufficient proof, as Harding had not provided the necessary medical records or physician opinions to support her claim.

Subsequently, Harding applied for attorney's fees and costs, arguing her claim had a reasonable basis. The Special Master awarded her $17,366.96 in fees and costs, finding that the medical records, despite being incomplete at the time of dismissal, suggested a flare of her autoimmune disease shortly after vaccination provided a reasonable basis for filing the petition.

Respondent appealed this decision, arguing the Special Master misapplied the law regarding reasonable basis. The Court of Federal Claims reviewed the decision and found that the Special Master's award of attorney's fees and costs was not an abuse of discretion, upholding the Special Master's determination that the objective medical records provided an adequate basis for the award.