Kathleen Almodova v. HHS - HPV, immune thrombocytopenic purpura (ITP) (2021)
Case summary [AI summaries can sometimes make mistakes]
Kathleen Almodova, as the parent and natural guardian of a minor named A.A., filed a petition on December 11, 2019, alleging that A.A. developed immune thrombocytopenic purpura (ITP) as a result of receiving the human papillomavirus (HPV), Tdap, and Menactra vaccines on March 23, 2018. The petitioner was unable to retain a hematologist expert to support causation-in-fact, which is a requirement for proving entitlement to compensation under the National Vaccine Injury Compensation Program.
Consequently, on December 23, 2021, the petitioner moved for a decision dismissing her case, stating that proceeding further would be unreasonable and would waste resources. The respondent did not object to the motion.
Special Master Nora Beth Dorsey reviewed the record and, in light of the petitioner's motion and the inability to meet the statutory requirements for entitlement, found that the petitioner was not entitled to compensation. The case was dismissed, and judgment was entered accordingly.
The public decision does not describe the specific symptoms, onset, or treatments related to A.A.'s alleged condition, nor does it name petitioner's counsel, respondent's counsel, or any experts. The decision was issued by Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Kathleen Almodova, as parent and natural guardian of A.A., alleged that A.A. developed immune thrombocytopenic purpura (ITP) following vaccinations with HPV, Tdap, and Menactra on March 23, 2018. The theory of causation was not specified as "On-Table" or "Off-Table" in the provided text, but the petitioner's inability to retain a hematologist expert to support causation-in-fact was cited as the reason for dismissal. This inability meant the petitioner could not meet the statutory requirements for entitlement under the National Vaccine Injury Compensation Program, specifically the requirement to prove causation. The case was dismissed by Special Master Nora Beth Dorsey on December 23, 2021, upon the petitioner's motion, with no objection from the respondent. No award was made. Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent's counsel was Austin J. Egan of the United States Department of Justice.
Source PDFs
USCOURTS-cofc-1_19-vv-01873