{"package_id":"USCOURTS-cofc-1_20-vv-01791","decision_granule_id":"USCOURTS-cofc-1_20-vv-01791-2","petitioner_identifier":"J.L.","is_minor":1,"age_at_vaccination":null,"age_unit_raw":"years (minor - age not in source, verified)","vaccine_type":"Gardasil","vaccination_date":null,"condition_raw":null,"condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2023-09-20","extraction_version":"gemini-v2","extracted_at":"2026-04-30T01:20:22.903290+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Juliette Levy, on behalf of minor J.L., filed a petition alleging harm from the Gardasil vaccine. The petition was filed on December 7, 2020. The petitioner later withdrew from the program to pursue litigation against the manufacturer. The case primarily involved motions to disqualify the Chief Special Master and review the denial of attorney's fees. The court denied both motions. The denial of attorney's fees was based on the petitioner's failure to provide vaccination records for J.L. or explain their unavailability, as required by the Vaccine Act (42 U.S.C. § 300aa-11(c)). The petitioner's counsel, Andrew D. Downing, argued that vaccination records were not necessary and made contradictory statements regarding the filing of medical records. The court found that the petitioner's refusal to comply with these documentation requirements meant the claim lacked a reasonable basis, and therefore, the denial of fees was not an abuse of discretion. The public decision does not describe the specific alleged injury, onset, symptoms, medical tests, treatments, or the mechanism of causation. No experts were named in the public decision. The case was dismissed.","is_death":0,"date_of_death":null,"petition_filed_date":"2020-12-07","case_summary":"On December 7, 2020, Juliette Levy, on behalf of her minor child J.L., filed a petition alleging harm from the Gardasil vaccine. The petition stated that the claim was being initiated prior to pursuing a cause of action against the vaccine manufacturer, Merck. The petitioner's counsel, Andrew D. Downing, filed the petition along with a sworn statement alleging J.L.'s vaccinations and subsequent medical issues. The Chief Special Master issued a pre-assignment review order, emphasizing the Vaccine Act's requirement for petitioners to submit all relevant medical records, including vaccination records, or an affidavit explaining their unavailability. Petitioner filed some medical records on December 8, 2020, and additional records on April 20, 2021. A subsequent Medical History Questionnaire again requested vaccination records. On April 21, 2021, the petitioner's counsel certified that all known medical records had been filed, but later argued that vaccination records were not necessary. On August 4, 2021, the Chief Special Master issued a 240-day formal notice. Petitioner elected to withdraw from the National Vaccine Injury Compensation Program to pursue litigation against the manufacturer in district court, leading the Chief Special Master to conclude the proceedings. Subsequently, on September 9, 2021, the petitioner filed a motion for final attorney's fees and costs. The Chief Special Master denied this motion on February 9, 2023, finding the claim lacked a reasonable basis, despite good faith. Petitioner then filed a motion for review of this denial and a motion to disqualify the Chief Special Master from all Gardasil cases, alleging bias. The court, applying the standard for disqualification, found no evidence of bias. The court noted that the petitioner's counsel failed to provide specific support for the allegations of bias and that the Chief Special Master's handling of Gardasil cases, including denials of claims for autonomic dysfunction, was consistent with prior rulings and affirmed by the court. The court also rejected the argument that the Chief Special Master lacked expertise, citing his extensive experience with Gardasil cases and the affirmation of his decisions. The court found that the Chief Special Master's actions, such as reassigning Gardasil cases to himself and managing a backlog, were not indicative of bias. The court also addressed the Chief Special Master's comments on attorney's fees in other cases, stating that considering the strength of a claim when awarding fees is within his discretion. Regarding the motion for review of the attorney's fees denial, the court affirmed the Chief Special Master's decision. The court found that the petitioner failed to comply with the Vaccine Act's clear requirement to provide vaccination records or explain their unavailability. The petitioner's argument that vaccination records were not necessary and her contradictory statements about having filed all records were noted. The court concluded that the petitioner's refusal to comply with the statutory documentation requirements undermined her claim's reasonable basis, and thus, the denial of fees was not an abuse of discretion. The court denied both the motion for disqualification and the motion for review, affirming the Chief Special Master's denial of attorney's fees. The case was dismissed.","is_minor_inferred":0,"is_pediatric_broad":1,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Andrew D. Downing","petitioner_attorney_firm":"Downing, Allison & Jorgenson","petitioner_attorney_location":"Phoenix, AZ","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|andrew-downing|","firm_canonical_key":"downing-allison-and-jorgenson","package_title":"LEVY v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01791","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01791.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01791.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_20-vv-01791-0","title":"LEVY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC ORDER/RULING (Originally filed: 9/8/2021) regarding 16 Order Concluding Proceedings. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.","date_issued":"2021-10-04","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_20-vv-01791/granules/USCOURTS-cofc-1_20-vv-01791-0/pdf","pdf_bytes":223282,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'order concluding'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_20-vv-01791/USCOURTS-cofc-1_20-vv-01791-0"},{"granule_id":"USCOURTS-cofc-1_20-vv-01791-1","title":"LEVY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 2/9/2023) regarding 27 DECISION of Special Master - Fees. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.","date_issued":"2023-03-03","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_20-vv-01791-2","title":"LEVY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"JUDGE VACCINE UNREPORTED OPINION (PUBLIC VERSION) of 37 Opinion and Order Signed by Judge Edward H. Meyers. (cah) Service on parties made.","date_issued":"2023-09-20","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_20-vv-01791/granules/USCOURTS-cofc-1_20-vv-01791-2/pdf","pdf_bytes":347387,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_20-vv-01791/USCOURTS-cofc-1_20-vv-01791-2"}]}