Junious Nielsen v. HHS - HPV, migraines, shoulder injury, anaphylaxis, and chronic fatigue (2025)

Filed 2024-05-13Decided 2025-04-21Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

Junious Nielsen filed a petition for compensation under the National Vaccine Injury Program alleging that human papillomavirus (HPV) vaccinations administered on June 1, 2017, November 8, 2017, and July 25, 2023, caused him to suffer migraines, shoulder injury, anaphylaxis, and chronic fatigue. The court noted that the petition was filed on May 13, 2024.

Based on the petitioner's own statement that symptoms began in June 2017, the court found that claims related to the 2017 vaccinations were time-barred, as the petition was filed nearly four years after the statute of limitations expired. The court then reviewed the alleged injuries from the July 2023 vaccination.

The medical records did not provide preponderant evidence of a shoulder injury or anaphylaxis, as there were no objective findings, diagnoses, or documentation of residual effects lasting more than six months, nor any evidence of hospitalization or surgical intervention. Regarding migraines, the records showed complaints prior to and after the July 2023 vaccination, but no diagnosis or evidence of residual effects meeting the severity requirement.

Similarly, for chronic fatigue, the records showed complaints prior to the July 2023 vaccination, but no diagnosis or evidence of residual effects meeting the severity requirement. The court also issued an Order to Show Cause due to deficiencies in the claim and the petitioner's failure to provide further evidence.

As the petitioner did not comply with this order, the case was dismissed for failure to prosecute and insufficient proof. Therefore, Junious Nielsen was not entitled to compensation.

Source PDFs 1 total · 1 downloaded