v. SECRETARY OF HEALTH AND HUMAN SERVICES
Attached hereto for filing in the above-captioned case is a Petition and supporting Exhibits on CD-ROM in reference to the above captioned matter.
LAWRENCE R. COHAN, ESQUIRE
MELISSA FRY HAGUE, ESQUIRE
Counsel of Record for Petitioners
Date: March 13, 2010
NOTICE OF FILING
The above captioned Petitioners request compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa–10 et seq. (Supp. 1996), for the death of minor, Jennifer Tetlock who received the third series of the Gardasil vaccation on March 1, 2007 from James Cuthbertson, M.D. in Berkeley, California and thereafter suffered from atypical amyotrophic lateral sclerosis (ALS)-like lower motor neuron disease which was caused in fact by the above stated vaccination. In support of this Petition, it is averred that:
- Jennifer Tetlock, deceased, (hereinafter “Jennifer”) was a minor born on January 1, 1994 and was a citizen of the State of California residing at 220 ½ Williamette Avenue, Kensington, CA 94708.
- Jennifer was a normally healthy individual without any history of neurological disorders.
- On March 1, 2007, Jennifer received the third series of the Gardasil vaccine from Dr. James Cuthbertson in Berkeley, CA. See Exhibit 1 (Medical records from James Cuthbertson, M.D.).
- In March 2007, Jennifer began to experience progressive weakness in her body. See Exhibit 2 (Medical Records from Ching Wang, M.D. at Lucile Packard Children’s Hospital).
- On May 25 2007, Jennifer fell while attempting to jump a hurdle at track practice because she experienced pain and weakness that subsequently spread to her left lower extremity. During this time, she developed muscle atrophy of the lower extremities and right upper extremity weakness with tingling and numbness. See Exhibit 3 (Medical records from Richard Finkel, M.D. at Children’s Hospital of Philadelphia).
- Jennifer’s condition began to deteriorate rapidly and by October 2007, Jennifer was unable to walk without crutches. She became dependent on a walker in November 2007 and severe weakness in all four extremities subsequently confined her to a wheelchair by December 2007. See Exhibit 1.
- In November 2007, Jennifer received two EMG studies, which suggested a potential diagnosis of chronic inflammatory demyelinating polyneuropathy. See Exhibit 4 (Medical records from Catherine Lomen-Hoerth, M.D. at UCSF Medical Center).
- In December 2007, Jennifer received another EMG, which revealed proximal and distal segmental demyelination of multiple motor neurons, suggesting a potential diagnosis of multifocal motor neuropathy. Thereafter, she received five days of intravenous immunoglobulin (IVIg) treatment, but her symptoms continued to worsen. See Exhibit 5 (Medical records from Jennifer Frankovich, M.D. at Lucile Packard Children’s Hospital).
- In January 2008, Jennifer received additional IVIg treatments that did not help her declining condition. Thereafter, Jennifer developed tingling and a stabbing pain in her right leg and was treated with ten days of plasmapheresis. Jennifer was monitored for the next several months since the nature or etiology of her condition could not be ascertained. See Exhibit 5.
- On June 2, 2008, Jennifer began rehabilitation ten hours per week, which included occupational therapy, physical therapy and clinical coordination. Jennifer was discharged from rehabilitation on August 17, 2008 and continued with private physical therapy sessions. See Exhibit 1.
- On August 11, 2008, Jennifer’s rapidly progressive neurodegenerative disorder suggested a potential, but not definitive, diagnosis of a form of amyotrophic lateral sclerosis (ALS). See Exhibit 1.
- In September 2008, Jennifer’s doctors continued to have difficulty determining the etiology of her disabling neurodegenerative disorder, which led to significant truncal instability and respiratory insufficiency requiring a BiPAP device for respiratory support. See Exhibit 1.
- On March 9, 2009, Jennifer was admitted to the University of California San Francisco Medical Center with respiratory failure and she subsequently died on March 15, 2009 from atypical amyotrophic lateral sclerosis (ALS)-like lower motor neuron disease. See Exhibit 6 (Autopsy Report dated March 17, 2009).
- It is Petitioners’ allegation that Jennifer suffered and died from the residual effects of the third and final series of the Gardasil vaccination that she received on March 1, 2007.
- Philip and Barbara Tetlock have incurred unreimburseable expenses in excess of $1,000.00.
- Petitioners have never received any compensation in the form of award or settlement for Jennifer’s vaccine related death.
- Petitioners’ compensation demand is deferred pursuant to 42 U.S.C. 300aa-11.