VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01983
Package ID: USCOURTS-cofc-1_19-vv-01983
Petitioner: C.K.
Filed: 2019-12-30
Decided: 2021-12-14
Vaccine: HPV
Vaccination date: 
Condition: Henoch-Schonlein purpura
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Amanda Kirby, on behalf of C.K., alleged that the Human Papillomavirus (HPV) vaccine caused Henoch-Schonlein purpura (HSP). The petition was filed on December 30, 2019. To be eligible for compensation, the petitioner must prove either a Table Injury or actual causation by the vaccine, and must also meet a severity requirement. The severity requirement can be met by demonstrating residual effects lasting more than six months post-vaccination or by showing the injury required inpatient hospitalization and surgical intervention. The Special Master determined that the evidence was insufficient to prove either the duration of residual effects or the necessity of inpatient hospitalization and surgical intervention. Therefore, the petitioner was ineligible for compensation. The case was dismissed by Special Master Mindy Michaels Roth on December 14, 2021. Petitioner was represented by Amy Senerth, Esq., and respondent by Zoe Wade, Esq. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding C.K.'s condition or treatment.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01983-0
Date issued/filed: 2022-01-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/14/2021) regarding 38 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made. (Main Document 42 replaced on 1/12/2022 to correct the filed date on the pdf.) (fm).
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Case 1:19-vv-01983-UNJ Document 42 Filed 01/10/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1983V
Filed: December 14, 2021
* * * * * * * * * * * * * *
AMANDA KIRBY on Behalf of C.K., *
* Special Master Roth
Petitioner, *
*
v. *
* Dismissal; Human Papillomavirus (“HPV”)
SECRETARY OF HEALTH * Vaccine; Henoch-Schonlein purpura
AND HUMAN SERVICES, * (“HSP”)
*
Respondent. *
* * * * * * * * * * * * * *
Amy Senerth, Esq., Muller Brazil, LLP, Dresher PA, for petitioner.
Zoe Wade, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On December 30, 2019, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),2 alleging that a Human
Papillomavirus (“HPV”) vaccine caused C.K. to develop Henoch-Schonlein purpura (“HSP”). The
information in the record, however, is not sufficient to show entitlement to an award under the
Program. On December 14, 2021, petitioner filed a Motion for Dismissal Decision requesting that
her case be dismissed. ECF No. 37.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will
be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the
Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:19-vv-01983-UNJ Document 42 Filed 01/10/22 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to her vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). Additionally, petitioner must also satisfy what has been deemed the
“severity requirement.” See §§ 11(c)(1)(B)-(D). To satisfy the severity requirement where the
alleged injury is not death, petitioner can demonstrate that she suffered the residual effects of the
alleged injury for more than six months after the administration of the vaccine or that she suffered
from an alleged injury which resulted in inpatient hospitalization and surgical intervention. See
§ 11(c)(1)(D)(i).
The medical records and other evidence filed in this matter failed to satisfy petitioner’s
burden to show that C.K. suffered residual effects of HSP for more than six months after the HPV
vaccination, or that the alleged HSP required both inpatient hospitalization and surgical
intervention. Therefore, petitioner is ineligible to receive compensation in the Vaccine Program.
Thus, this case is dismissed. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2