VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00724
Package ID: USCOURTS-cofc-1_18-vv-00724
Petitioner: Hailey Schmacht
Filed: 2018-05-22
Decided: 2023-03-28
Vaccine: human papillomavirus (HPV)
Vaccination date: 2015-05-28
Condition: Idiopathic Thrombocytopenic Purpura (ITP), alopecia, and systemic lupus erythematosus (SLE)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Hailey Schmacht alleged that her May 28, 2015, human papillomavirus (HPV) vaccination caused or aggravated Idiopathic Thrombocytopenic Purpura (ITP), alopecia, and systemic lupus erythematosus (SLE). The theory of causation was identified as "Off-Table." Petitioner filed an expert opinion by Dr. Lige Rushing, but Special Master Daniel T. Horner found it did not adequately support the claim. The Special Master determined that neither the petitioner's medical records nor her expert's reports supported her allegations by a preponderance of the evidence, failing to establish a prima facie case of entitlement. Consequently, the petition was dismissed on February 27, 2023, with judgment entered against the petitioner. Petitioner was represented by Mark Sadaka, and respondent by Claudia Barnes Gangi.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00724-0
Date issued/filed: 2023-03-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/27/2023) regarding 73 DECISION of Special Master. Signed by Special Master Daniel T. Horner. (amb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00724-UNJ Document 76 Filed 03/28/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-724V
Filed: February 27, 2023
UNPUBLISHED
HAILEY SCHMACHT,
Special Master Horner
Petitioner,
Petitioner’s Motion for Decision
v.
Dismissing Petition; Human
Papillomavirus (HPV) vaccine;
SECRETARY OF HEALTH AND
Idiopathic Thrombocytopenic
HUMAN SERVICES,
Purpura (ITP); Alopecia;
Systemic lupus erythematosus
Respondent.
(SLE)
Mark Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On May 22, 2018, petitioner2 filed a claim under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that she suffered Idiopathic
Thrombocytopenic Purpura (ITP), alopecia, and systemic lupus erythematosus (SLE)
that was either "caused-in-fact” or, alternatively, significantly aggravated by her May 28,
2015 human papillomavirus vaccination (HPV). (ECF No. 1.) On April 25, 2019,
respondent filed his Rule 4 report, recommending against compensation. (ECF No. 26.)
Petitioner subsequently filed an expert opinion by Dr. Lige Rushing. However, on July
28, 2022, I held a Rule 5 status conference where I discussed several reasons why Dr.
Rushing’s opinion did not adequately support petitioner’s claim based on the existing
record. (ECF No. 64.)
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
2 In fact, the petition was initially filed by her parent when she was still a minor. The caption was later
changed on February 11, 2019.

Case 1:18-vv-00724-UNJ Document 76 Filed 03/28/23 Page 2 of 2
On February 27, 2023, petitioner filed a Motion for a Decision Dismissing her
Petition. (ECF No. 72.) Petitioner “respectfully moves for a decision by the Special
Master dismissing her case.” (Id.) Petitioner further stated that she “understands that a
decision by the Special Master dismissing her petition will result in a judgment against
her. Petitioner has been advised that such a judgment will end all of her rights in the
Vaccine Program.” (Id.) Respondent does not oppose this motion, though he indicated
that he “reserves his right…to question the good faith and reasonable basis of
petitioner’s claim, and if appropriate, her application for costs.” (Id.)
To receive compensation in the Vaccine Program, petitioner must prove either
(1) that she suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury
Table – corresponding to a covered vaccine, or (2) that she suffered an injury that was
actually caused by a covered vaccine. See §§ 13(a)(1)(A) and 11(c)(1). To satisfy her
burden of proving causation in fact, petitioner must show by preponderant evidence: “(1)
a medical theory causally connecting the vaccination and the injury; (2) a logical
sequence of cause and effect showing that the vaccination was the reason for the
injury; and (3) a showing of a proximate temporal relationship between vaccination and
injury.” Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274, 1278 (Fed. Cir.
2005). The Vaccine Act, 42 U.S.C. § 300aa-13(a)(1), prohibits the undersigned from
ruling for petitioner based solely on her allegations unsubstantiated by medical records
or medical opinion.
Neither petitioner’s medical records nor her expert’s reports support her
allegations by a preponderance of the evidence. Accordingly, the undersigned
GRANTS petitioner’s Motion for Decision Dismissing Petition and DISMISSES this
petition for failure to establish a prima facie case of entitlement to compensation.
CONCLUSION
This case is now DISMISSED. The clerk of the court is directed to enter
judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2