Admire Nathan v. HHS - HPV, seizure-like behavior, migraines and other issues (2021)
Case summary [AI summaries can sometimes make mistakes]
Admire Nathan filed a petition for compensation on January 15, 2019, alleging that the human papillomavirus (HPV) vaccination she received on January 13, 2016, caused seizure-like behavior, migraines, and other issues. The case progressed with various filings of medical records and motions for extensions.
During a status conference on March 29, 2021, it was explained that the medical records indicated her seizure-like symptoms were functional rather than neurological or immune-mediated, which are unusual in the Vaccine Program. Petitioner's counsel sought to withdraw, and the court granted the withdrawal on May 13, 2021, ordering petitioner to find new counsel and a medical expert to support her claim of vaccine causation.
Petitioner was given sixty days to provide an update. After petitioner missed the deadline to file a status report, a second Show Cause Order was issued, warning that failure to respond would result in dismissal for failure to prosecute and insufficient proof.
Petitioner did not respond to the second Show Cause Order. The court noted that petitioner did not allege a Table injury and must prove actual causation, which requires medical records or a competent physician's opinion.
As petitioner failed to provide supporting documentation or a medical expert opinion, and did not respond to court orders, the case was dismissed for insufficient proof and failure to prosecute.
Source PDFs
USCOURTS-cofc-1_19-vv-00074