Hailey Schmacht v. HHS - HPV, Idiopathic Thrombocytopenic Purpura (ITP), alopecia, and systemic lupus erythematosus (SLE) (2023)

Hailey Schmacht, initially a minor whose petition was filed by her parent, received a human papillomavirus (HPV) vaccination on May 28, 2015. She alleged that this vaccination caused or aggravated Idiopathic Thrombocytopenic Purpura (ITP), alopecia, and systemic lupus erythematosus (SLE).

The respondent filed a Rule 4 report recommending against compensation. The petitioner later filed an expert opinion by Dr.

Lige Rushing. However, on July 28, 2022, Special Master Daniel T.

Horner held a status conference and discussed reasons why Dr. Rushing's opinion did not adequately support the petitioner's claim based on the existing record.

On February 27, 2023, the petitioner filed a Motion for Decision Dismissing her Petition, understanding that this would result in a judgment against her and end all her rights in the Vaccine Program. The respondent did not oppose the motion, though he reserved the right to question the good faith and reasonable basis of the petitioner's claim and her application for costs.

Special Master Horner granted the motion, dismissing the petition for failure to establish a prima facie case of entitlement to compensation, as neither the medical records nor the expert's reports supported the allegations by a preponderance of the evidence. The clerk of the court was directed to enter judgment in accordance with this decision.

The public decision does not describe the onset of symptoms, specific medical findings, or treatments. Petitioner was represented by Mark Sadaka of the Law Offices of Sadaka Associates, LLC, and respondent was represented by Claudia Barnes Gangi of the U.S.

Department of Justice.