Anna Punswick v. HHS - HPV, vaccine-induced chronic headaches, dysautonomia, small fiber neuropathy and amplified pain syndrome (2022)
Case summary [AI summaries can sometimes make mistakes]
Anna Punswick, through her parents, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 29, 2019. The petition alleged that a human papillomavirus (HPV) vaccine and an influenza (flu) vaccine administered on October 3, 2016, caused her to suffer "vaccine-induced chronic headaches, dysautonomia, small fiber neuropathy and amplified pain syndrome." The Special Master reviewed the record and found that Ms.
Punswick did not meet the statutory requirements to establish entitlement to compensation. On December 14, 2022, Ms.
Punswick filed a motion to dismiss her own petition, acknowledging that this would result in a judgment against her and terminate her rights in the Vaccine Program. Respondent did not oppose the motion, though it reserved the right to question the good faith and reasonable basis of the claim and to oppose any application for costs.
Ms. Punswick stated her intention to protect her right to file a civil action by electing to reject the Vaccine Program judgment.
The Special Master granted Ms. Punswick's motion to dismiss on December 15, 2022, and judgment was entered accordingly.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC, and Respondent was represented by Emilie Williams of the U.S.
Department of Justice. The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Anna Punswick alleged that an HPV vaccine and an influenza vaccine administered on October 3, 2016, caused chronic headaches, dysautonomia, small fiber neuropathy, and amplified pain syndrome. The petition was filed on August 29, 2019. The Special Master found that Petitioner did not meet the statutory requirements for entitlement to compensation under the National Vaccine Injury Compensation Program. Petitioner subsequently filed a motion to dismiss her own petition, which was granted by Special Master Nora Beth Dorsey on December 15, 2022, resulting in a dismissal and judgment against Petitioner. The public decision does not specify a theory of causation, name any medical experts, or detail the mechanism of injury. Petitioner was represented by Mark Theodore Sadaka, and Respondent was represented by Emilie Williams.
Source PDFs
USCOURTS-cofc-1_19-vv-01318