Emily Middleton v. HHS - HPV, Rheumatoid Arthritis and/or other neurologic and physical impairments and other injuries (2019)

Emily Middleton filed a petition alleging that she developed Rheumatoid Arthritis and/or other neurologic and physical impairments as a result of the Human Papilloma Virus (HPV) vaccinations she received on May 28, 2015, August 14, 2015, and/or February 29, 2016. She initially sought compensation under the National Vaccine Injury Compensation Program.

However, after reviewing the available information, Middleton conceded that she had been unable to secure evidence to prove entitlement to compensation. She subsequently filed a motion for dismissal of her petition, stating that proceeding further would be unreasonable and would waste the resources of the court, the Respondent, and the Vaccine Program.

The court found that the record did not contain persuasive evidence that Middleton's alleged injuries were caused by the HPV vaccines, nor did it uncover evidence of a "Table Injury." The medical records were deemed insufficient to prove her claim, and she had not filed a supportive opinion from an expert witness. Consequently, the case was dismissed for insufficient proof.

A subsequent decision addressed the petitioner's motion for attorneys' fees and costs, which was granted, finding that she had a reasonable basis for filing her petition, despite the ultimate dismissal.