Maeson Derr v. HHS - HPV, adverse reaction (2020)

Filed 2018-05-29Decided 2020-09-25Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

Maeson Derr, a minor, through her mother Georgia Derr, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 29, 2018. The petition alleged an adverse reaction to the human papillomavirus (HPV or Gardasil) and Menactra vaccinations received on June 2, 2015.

The specific nature of the adverse reaction was not detailed in the provided text. On August 10, 2020, Maeson Derr filed a motion to dismiss her petition.

The motion stated that this decision was made to allow her to pursue a third-party action against Merck directly in district court, and that it should not be interpreted as a lack of belief in the claim's merits. The respondent did not object to the dismissal.

Special Master Herbrina Sanders noted that the record did not contain evidence of a "Table Injury" and that entitlement based on causation-in-fact was not shown. Consequently, the case was dismissed.

The decision date was September 25, 2020. Petitioner counsel was Andrew D.

Downing of Van Cott & Talamante, PLLC, and respondent counsel was Adriana R. Teitel of the United States Department of Justice.

Theory of causation

Petitioner Maeson Derr, a minor, received HPV (Gardasil) and Menactra vaccinations on June 2, 2015. A petition was filed on May 29, 2018, alleging an adverse reaction. On August 10, 2020, Petitioner moved to dismiss the petition to pursue a third-party action against Merck, stating this was not an admission of lack of merit. Respondent did not object. Special Master Herbrina Sanders noted the absence of evidence for a "Table Injury" and that causation-in-fact was not demonstrated in the record. The case was dismissed on September 25, 2020. Petitioner counsel was Andrew D. Downing, and respondent counsel was Adriana R. Teitel. The public decision does not describe the specific adverse reaction, onset, symptoms, medical tests, treatments, expert testimony, or the mechanism of injury.

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