Courtney Kunysz v. HHS - HPV, seizure disorder and neurological dysfunction (2022)

Courtney Kunysz filed a petition alleging that she suffered a seizure disorder and neurological dysfunction caused by the Gardasil (HPV) vaccine she received on December 12, 2017. She sought compensation under the National Vaccine Injury Compensation Program.

However, Ms. Kunysz later filed a motion to dismiss her own petition.

She stated her intention to pursue a third-party action directly against Merck in district court. Ms.

Kunysz understood that this dismissal would result in a judgment against her and end her rights within the Vaccine Program. The Chief Special Master granted her motion.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not disclose evidence of a Table Injury.

Furthermore, the court found that the record lacked sufficient medical records or a competent physician's opinion to demonstrate that Ms. Kunysz's alleged injury was caused-in-fact by the vaccine.

Consequently, the case was dismissed for insufficient proof, and judgment was entered against Ms. Kunysz.