Stacey James-Cornelius v. HHS - HPV, autonomic nervous system dysfunction (2019)

On October 27, 2017, Stacey James-Cornelius filed a petition on behalf of her minor child, E.J., alleging that E.J. suffered from autonomic nervous system dysfunction as a result of three human papillomavirus (HPV) vaccinations received between October 30, 2014, and May 27, 2015. E.J. was 14 years old at the time of his first vaccination.

The petitioner later filed a motion to dismiss the petition, conceding that she would likely be unable to prove entitlement to compensation. The Special Master dismissed the petition on February 9, 2018, finding that the medical records were insufficient to prove the claim and that no supportive expert opinion was filed.

The public decision does not describe the specific onset of symptoms, clinical details beyond general diagnoses, or the mechanism of injury. The petitioner sought attorneys' fees and costs, arguing the petition was brought in good faith and with a reasonable basis.

The Special Master denied this request on February 4, 2019, finding that the petitioner had not demonstrated a reasonable basis for the claim, as the medical records only showed that the vaccinations preceded the onset of injury and did not establish causation. The court reviewed the Special Master's decision regarding attorneys' fees and costs.

The court, in a decision issued August 12, 2019, sustained the Special Master's decision, agreeing that the evidence did not support a reasonable basis for the claim and that the petitioner was not entitled to attorneys' fees and costs. The court found that the medical records could, at most, establish that the vaccinations preceded the onset of the injury, and that treating physicians attributed E.J.'s symptoms to mononucleosis rather than the HPV vaccine.

The court also noted that affidavits alone were insufficient to establish a reasonable basis. Petitioner's counsel was Andrew D.

Downing of Van Cott & Talamante, PLLC. Respondent's counsel was Amy P.

Kokot, Alexis B. Babcock, Catharine E.

Reeves, C. Salvatore D’Alessio, and Joseph H.

Hunt from the United States Department of Justice. The Special Master was Herbrina Sanders, and the reviewing judge was Lydia Kay Griggsby.