Filed: Oct. 05, 2017
Latest Update: Oct. 05, 2017
Summary: Not to be Published DECISION 1 LAURA D. MILLMAN , Special Master . On November 21, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), alleging that human papillomavirus ("HPV") vaccine administered on September 17, 2010 caused her thrombotic thrombocytopenic purpura ("TTP") and systemic lupus erythematosus ("SLE"). Pet. at 1 and 3. On September 25, 2015, petitioner filed an amended petition removing her claim of a vaccin
Summary: Not to be Published DECISION 1 LAURA D. MILLMAN , Special Master . On November 21, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), alleging that human papillomavirus ("HPV") vaccine administered on September 17, 2010 caused her thrombotic thrombocytopenic purpura ("TTP") and systemic lupus erythematosus ("SLE"). Pet. at 1 and 3. On September 25, 2015, petitioner filed an amended petition removing her claim of a vaccine..
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Not to be Published
DECISION1
LAURA D. MILLMAN, Special Master.
On November 21, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that human papillomavirus ("HPV") vaccine administered on September 17, 2010 caused her thrombotic thrombocytopenic purpura ("TTP") and systemic lupus erythematosus ("SLE"). Pet. at ¶¶ 1 and 3.
On September 25, 2015, petitioner filed an amended petition removing her claim of a vaccine-caused SLE, and retaining her claim that HPV caused her TTP. Am. Pet. at ¶ 5.
On October 4, 2017, petitioner filed a Motion for Decision Dismissing Petition, stating that she will be unable to prove she is entitled to compensation, and that to proceed further would waste the resources of the court, respondent, and the Vaccine Program. Mot. at ¶¶ 1, 2. Petitioner states she intends to elect to file a civil action once judgment on the dismissal decision is entered. Id. at ¶ 5.
The undersigned GRANTS petitioner's Motion for Decision Dismissing Petition, and DISMISSES the petition.
Medical Records
On July 19, 2013, petitioner saw Dr. Archana Maini, a hematologist. Med. recs. Ex. 4, at 6. The history was that she received HPV vaccine in 2010 [September 17, 2010]. In December 2010, she did not feel well. Her platelet count was found to be low at 14,000. Her hemoglobin was also low at 7. Id. This record puts onset at 10-11 weeks post-HPV vaccination.
DISCUSSION
To satisfy her burden of proving causation in fact, petitioner must prove by preponderant evidence: "(1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a showing of a proximate temporal relationship between vaccination and injury." Althen v. Sec'y of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). In Althen, the Federal Circuit quoted its opinion in Grant v. Secretary of Health and Human Services, 956 F.2d 1144, 1148 (Fed. Cir. 1992):
A persuasive medical theory is demonstrated by "proof of a logical sequence of cause of and effect showing that the vaccination was the reason for the injury [,]" the logical sequence being supported by a "reputable medical or scientific explanation[,]" i.e., "evidence in the form of scientific studies or expert medical testimony[.]"
418 F.3d at 1278.
Without more, "evidence showing an absence of other causes does not meet petitioner's affirmative duty to show actual or legal causation." Grant, 956 F.2d at 1149. Mere temporal association is not sufficient to prove causation in fact. Id. at 1148.
Petitioner must show not only that but for her HPV vaccination, she would not have had TTP, but also that HPV vaccine was a substantial factor in causing her TTP. Shyface v. Sec'y of HHS, 165 F.3d 1344, 1352 (Fed. Cir. 1999).
Petitioner moves for a dismissal of her petition.
The undersigned GRANTS petitioner's motion and DISMISSES this petition.
CONCLUSION
The petition is DISMISSED. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment herewith.2
IT IS SO ORDERED.
