L.D. v. HHS - HPV, Autoimmune/Inflammatory Syndrome induced by adjuvants (ASIA) (2023)

L.D. filed a petition alleging that she sustained Autoimmune/Inflammatory Syndrome induced by adjuvants (ASIA) as a result of the human papillomavirus (HPV) vaccine she received on November 20, 2019. On November 7, 2022, L.D. moved for a Decision Dismissing the Petition, stating that she would be unable to prove entitlement to compensation.

She indicated that proceeding would be unreasonable and would waste the resources of the Court, Respondent, and the Vaccine Program. L.D. understood that a dismissal would result in a judgment against her and end all her rights in the Vaccine Program.

The Court noted that to be entitled to compensation, a petitioner must demonstrate a Table Injury or that the vaccine actually caused the injury. L.D. determined she could not prevail on her causation theory, which was consistent with the Court's preliminary view that claims based on ASIA as a causation theory, or general injuries attributable to the HPV vaccine, had routinely failed.

The Court dismissed the petition for insufficient proof, stating that a petition must be supported by medical records or a medical opinion, and that L.D.'s claim alone was insufficient. Judgment was entered accordingly.