Chloe Lemay-Assh v. HHS - HPV, worsening food allergies, fatigue, and pain (2023)

Chloe Lemay-Assh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from worsening food allergies, fatigue, and pain due to a human papillomavirus (HPV) vaccine administered on August 30, 2016. The respondent filed a motion to dismiss, which was initially denied, and the petitioner was ordered to file an expert report.

However, the petitioner later filed a motion to dismiss her own petition, stating her desire to exercise her election under the Vaccine Act to pursue a civil action against the vaccine manufacturer. She indicated that her review of case law and facts demonstrated she would be unable to meet the court's requirements for compensation.

The respondent did not object to the dismissal. The court found no evidence of a "Table Injury" and insufficient evidence that the alleged injuries were caused by the HPV vaccine, noting that the medical records were insufficient and no supportive expert opinion had been filed.

Consequently, the case was dismissed.