C.K. v. HHS - HPV, Henoch-Schonlein purpura (2021)
Case summary [AI summaries can sometimes make mistakes]
Amanda Kirby, on behalf of C.K., filed a petition for vaccine compensation on December 30, 2019, alleging that the Human Papillomavirus (HPV) vaccine caused C.K. to develop Henoch-Schonlein purpura (HSP). The respondent was the Secretary of Health and Human Services.
To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate either a Table Injury corresponding to the vaccination or that the vaccine actually caused the injury. Additionally, a severity requirement must be met, which can be satisfied by showing residual effects of the injury lasting more than six months after vaccination or by demonstrating that the injury necessitated both inpatient hospitalization and surgical intervention.
In this case, the Special Master found that the medical records and other evidence were insufficient to prove that C.K. suffered residual effects of HSP for more than six months post-vaccination, or that the condition required both inpatient hospitalization and surgical intervention. Consequently, the petitioner was deemed ineligible for compensation.
Special Master Mindy Michaels Roth issued a decision on December 14, 2021, dismissing the case. The public decision was posted on the Court of Federal Claims' website.
Amy Senerth, Esq., represented the petitioner, and Zoe Wade, Esq., represented the respondent. The case was dismissed, and judgment was to be entered accordingly.
Source PDFs
USCOURTS-cofc-1_19-vv-01983