VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00871
Package ID: USCOURTS-cofc-1_19-vv-00871
Petitioner: H.D.
Filed: 2019-06-13
Decided: 2023-07-27
Vaccine: human papillomavirus (HPV)
Vaccination date: 2016-06-15
Condition: chronic fatigue syndrome, fibromyalgia, joint pain, rash, pharyngeal swelling, sore throat, amenorrhea, abdominal pain, Behçet’s disease, headache, tachycardia, seizure disorder
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
H.D. filed a claim under the National Vaccine Injury Compensation Program alleging that she suffered chronic fatigue syndrome, fibromyalgia, joint pain, rash, pharyngeal swelling, sore throat, amenorrhea, abdominal pain, Behçet’s disease, headache, tachycardia, and seizure disorder as a result of the human papillomavirus (HPV), hepatitis A, and meningococcal vaccinations she received on June 15, 2016. The respondent filed a report recommending against compensation. After multiple extensions, H.D. filed a motion to dismiss her petition, stating that she would be unable to prove entitlement to compensation. She believed the HPV vaccine caused her injuries and intended to pursue a civil action against the manufacturer. The Special Master granted H.D.'s motion, dismissing the petition for failure to establish a prima facie case of entitlement. The decision noted that H.D.'s medical records did not support her allegations by a preponderance of the evidence and she did not file an expert medical opinion. The case was dismissed, and judgment was entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00871-0
Date issued/filed: 2023-07-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/9/2022) regarding 81 DECISION of Special Master. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made.
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Case 1:19-vv-00871-UNJ Document 92 Filed 07/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-871V
Originally Filed: November 9, 2022
Filed in Redacted Form: July 27, 2023
UNPUBLISHED
H.D., Special Master Horner
Petitioner, Petitioner’s Motion for Decision
v. Dismissing Petition; Human
Papillomavirus (HPV) vaccine;
SECRETARY OF HEALTH AND Meningococcal vaccine;
HUMAN SERVICES, Hepatitis A vaccine; chronic
fatigue syndrome, fibromyalgia.
Respondent.
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner.
Kyle E. Pozza, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On June 13, 2019, petitioner filed a claim under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that she suffered chronic fatigue
syndrome, fibromyalgia, joint pain, rash, pharyngeal swelling, sore throat, amenorrhea,
abdominal pain, Behçet’s disease, headache, tachycardia, seizure disorder as a result
of the human papillomavirus (“HPV”), hepatitis A, and meningococcal vaccinations she
received on June 15, 2016. (ECF No. 1.) On September 14, 2021, respondent filed his
Rule 4 report, recommending against compensation. (ECF No. 71.) Petitioner was
ordered to file an expert report but after multiple motions for extensions of time,
petitioner filed a status report indicating her intent to move to dismiss her petition and
file a civil action. (ECF No. 78.)
On November 7, 2022, petitioner filed a Motion for a Decision Dismissing her
Petition. (ECF No. 80.) Petitioner indicated that a “review of the case law and an
investigation of the facts and circumstances of her case have demonstrated to
Petitioner that she will be unable to prove that she is entitled to compensation in the
1 When this decision was originally filed the undersigned advised his intent to post it on the United States
Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501
note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance
with Vaccine Rule 18(b), petitioner filed a timely motion to redact certain information. This decision is
being reissued with petitioner’s name reduced to initials. Except for those changes and this footnote, no
other substantive changes have been made. This decision will be posted on the court’s website with no
further opportunity to move for redaction.

Case 1:19-vv-00871-UNJ Document 92 Filed 07/27/23 Page 2 of 2
Vaccine Program” and that “to proceed further would be unreasonable and waste the
resources of the Court, the Respondent, and the Vaccine Program.” (Id. at 2.)
Petitioner maintained her “firm belief” that the HPV vaccine caused her alleged injuries
and indicated her intent to bring a civil action against the vaccine manufacturer. (Id. at
1.) She stated that she “understands that the dismissal of her [Vaccine Program]
claim . . . will not be admissible in her civil action against the manufacturer of the HPV
vaccine.” (Id. at 2 (citing 42 U.S.C. § 300aa-23(e)).) Petitioner further stated that she
understands “that a decision by the . . . Special Master dismissing the Petition will result
in a judgment against [her]” and that she “has been advised that such a judgment will
end [her] rights in the [Vaccine Program].” (Id. at 3.) She noted that she intends to
exercise her statutory right to reject the judgment against her and protect her right to file
a civil action. (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. Based on my review, petitioner’s medical records do not support
her allegations by a preponderance of the evidence and she did not file a medical
opinion from an expert in support of her allegations. 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.2
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2 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