K.T. v. HHS - HPV, debilitating arm, shoulder, thoracic, and neurological injuries (2024)

On August 26, 2022, Melanie Bostic, on behalf of her minor child K.T., filed a petition alleging that K.T. suffered debilitating arm, shoulder, thoracic, and neurological injuries as a direct result of receiving the Gardasil 9 HPV vaccine on August 26, 2019. The petition also stated that K.T. received a Boostrix Tdap vaccine on the same date.

The alleged onset of symptoms began the same day as the vaccination. Initially, the petitioner was represented by counsel, Andrew Downing, who entered the case on September 27, 2022.

However, the petitioner later proceeded pro se after her counsel withdrew. The court issued multiple orders directing the petitioner to file outstanding medical records necessary for the case.

Despite warnings that the case could be dismissed for failure to prosecute, the petitioner failed to comply with several deadlines and orders. The medical records that were filed suggest K.T. experienced shoulder pain and limited range of motion, which could be consistent with a Table SIRVA (Shoulder Injury Related to Vaccine Administration) injury.

However, the records also indicated neurological symptoms such as numbness and loss of sensation, which are incompatible with a SIRVA diagnosis. The public decision does not describe the specific mechanism of injury or provide expert medical opinions.

Due to the insufficient medical record to demonstrate a vaccine-caused neurologic injury or establish causation by a preponderance of the evidence, and the petitioner's failure to prosecute the case by not filing required documents and missing deadlines, Special Master Daniel T. Horner dismissed the petition on November 22, 2024.

The dismissal was based on both the insufficient evidence to support the claim and the petitioner's failure to prosecute. The decision was reissued for public availability on December 17, 2024.