VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01723
Package ID: USCOURTS-cofc-1_19-vv-01723
Petitioner: Adriana Merino
Filed: 2019-11-06
Decided: 2021-08-12
Vaccine: HPV
Vaccination date: 
Condition: a multitude of symptoms
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On November 6, 2019, Joanna Farjaszewska filed a petition for compensation on behalf of her minor daughter, Adriana Merino, under the National Vaccine Injury Compensation Program. Adriana Merino, who later substituted in as the petitioner after turning eighteen, alleged suffering a multitude of symptoms as a result of receiving three doses of the HPV vaccine on November 7, 2016, August 8, 2017, and February 15, 2018. Petitioner filed several medical records in support of her claim. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 4, 2021, stating that the case was not appropriate for compensation. The respondent argued that the petitioner had not met her burden of proof under Althen and that the medical records did not establish a likely causal link between the vaccinations and her symptoms. On August 11, 2021, the petitioner filed a motion to dismiss, stating a desire to pursue a third-party action directly against the vaccine manufacturer, Merck. The petitioner indicated that a judgment from the Vaccine Program was needed to opt out and that proceeding further would be unreasonable and a waste of resources. To receive compensation, a petitioner must prove either a "Table Injury" or that an injury was actually caused by a vaccine, supported by medical records or expert opinion. The Special Master found that there was insufficient evidence in the record for the petitioner to meet her burden of proof. Consequently, the case was dismissed for insufficient proof, as requested by the petitioner. Special Master Katherine E. Oler issued the decision on August 12, 2021. Petitioner's counsel was Andrew D. Downing, and respondent's counsel was Emily Manoso. The decision was designated "not to be published" but will be posted on the Court of Federal Claims' website.

Theory of causation field:
Petitioner Adriana Merino alleged that she suffered a multitude of symptoms as a result of receiving three doses of the HPV vaccine on November 7, 2016, August 8, 2017, and February 15, 2018. The case was dismissed for insufficient proof. The respondent argued that the petitioner had not met her burden of proof under Althen and that the medical records did not establish a likely causal link between the vaccinations and her symptoms. The Special Master found insufficient evidence in the record for the petitioner to meet her burden of proof. The theory of causation was "Off-Table." No specific medical experts or detailed clinical information regarding the alleged symptoms, onset, or mechanism of injury were described in the public decision. The petitioner voluntarily moved for dismissal to pursue a third-party action against the manufacturer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01723-0
Date issued/filed: 2021-10-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/12/2021) regarding 32 DECISION of Special Master. Signed by Special Master Katherine E. Oler. (nvb) Service on parties made.
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Case 1:19-vv-01723-UNJ Document 36 Filed 10/12/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1723V
(Unpublished)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
ADRIANA MERINO,
*
* Special Master Katherine E. Oler
Petitioner, *
*
v. Filed: August 12, 2021
*
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, * Petitioner’s Motion for a Decision;
*
Dismissal of Petition; Vaccine Act.
*
Respondent.
*
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talmante, PLLC, Phoenix, AZ, for Petitioner
Emily Manoso, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
On November 6, 2019, Joanna Farjaszewska filed2 a petition for compensation on behalf
of her minor daughter Adriana Merino (“Petitioner”) under the National Vaccine Injury
Compensation Program,3 alleging that Ms. Merino suffered from “a multitude of symptoms,” as a
result of the HPV vaccines she received on November 7, 2016, August 8, 2017, and February 15,
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”
Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
2 At the time of filing, Ms. Merino was a minor and the petition was filed on her behalf by her mother, Ms.
Farjaszewska. Ms. Merino turned eighteen and subsequently substituted in as Petitioner on July 29, 2020.
ECF No. 20.
3 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine
Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that
statutory prefix).

Case 1:19-vv-01723-UNJ Document 36 Filed 10/12/21 Page 2 of 2
2018.4 Pet., ECF No. 1. Petitioner filed several medical records in support of her claim. Exs. 1-
8, ECF Nos. 21, 23. Petitioner filed a Statement of Completion on October 6, 2020. ECF No. 24.
On January 4, 2021, Respondent filed his Rule 4(c) report, indicating he believed that this
case was “not appropriate for compensation under the terms of the Act.” Resp.’s Rep. at 1, ECF
No. 26. Respondent argued that Petitioner had not “provided evidence that satisfies her burden of
proof under Althen” and “Petitioner’s medical records do not establish that her HPV vaccinations
were the likely cause of any of her symptoms.” Id. at 9.
Petitioner filed a motion to dismiss on August 11, 2021, indicating that “She wishes to
pursue a third-party action in district court against Merck directly.” Pet’r’s Mot., ECF No. 31 at
2. Petitioner’s motion notes that “Petitioner simply needs a judgment from the Vaccine Program
so that she may reject said judgment and submit her election to opt out.” Id. Petitioner further
stated that, “In these circumstances, to proceed further would be unreasonable and would waste
the resources of the Court, the respondent, and the Vaccine Program.” Id.
To receive compensation under the Vaccine Program, a petitioner must prove either (1)
that he suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to his vaccination, or (2) that she suffered an injury that was actually caused by a
vaccine. See §§ 13(a)(1)(A) and 11(c)(1). Moreover, under the Vaccine Act, a petitioner may not
receive a Vaccine Program award based solely on his claims alone. Rather, the petition must be
supported by either medical records or by the opinion of a competent medical expert. § 13(a)(1).
In this case, however, there is insufficient evidence in the record for Petitioner to meet her burden
of proof. Petitioner’s claim therefore cannot succeed and, in accordance with her motion, must be
dismissed. § 11(c)(1)(A).
Thus, this case is DISMISSED for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
4 At the time, Petitioner was acting pro se. Mr. Downing was substituted in as counsel on July 29, 2020.
ECF No. 18.
2