Audrey Hinojosa Hernandez Sarni v. HHS - HPV, adverse reaction to human papillomavirus (HPV/Gardasil) vaccine (2021)

On September 12, 2019, Kevin Sarni filed a Vaccine Program petition as legal representative of Audrey Hinojosa Hernandez Sarni. The petition alleged that Audrey suffered an adverse reaction to a human papillomavirus (HPV/Gardasil) vaccination administered on September 15, 2016.

The case was dismissed before an entitlement ruling. On March 23, 2021, Kevin Sarni filed an unopposed motion asking for a dismissal decision because he wanted to opt out of the Vaccine Program before the court ruled on entitlement and pursue a third-party action in district court against Merck.

The motion stated that the choice should not be read as a concession that the claim lacked merit or that Audrey's injuries were not related to Gardasil; instead, he needed a Vaccine Program judgment so he could reject it and submit an election to opt out. Respondent did not object.

Special Master Herbrina D. Sanders dismissed the petition on April 21, 2021.

The decision stated that the record did not uncover evidence of a Table injury and that a closer review was not warranted in light of the motion to dismiss. No Vaccine Program compensation was awarded.

Petitioner was represented by Andrew D. Downing of Van Cott & Talamante, PLLC.