Court Rules HPV Vaccine Gardasil Responsible For Death of 21-year-old Woman
Judge Williams described the ruling order as part of the 'Opinion and Order.'
A US court has ruled that HPV vaccine Gardasil was responsible for the death of a 21-year-old woman from Maryland, in a precedent-setting case.
According to to the ruling: Christina Richelle Tarsell “died from an arrhythmia induced by an autoimmune response to the HPV vaccine Gardasil which [she] had received only days before [her] death."
Judge Williams described the ruling order as part of the “Opinion and Order."
In the author's opinion, the above comment/opinion by the Judge is indicative of what has transformed into an ‘accepted modus operandi’ by Special Masters at the Vaccine Court by way of denying vaccine injuries in court, a practice that is illegal and must be reviewed by the Health and Human Services.
Researcher Søren Wengel Mogensen studied that mortality rates of vaccinated infants between the ages of 5 and 5 months, all of which received the DTP (Diptheria-Tetanus-Pertussis) and OPV (Oral Polio Vaccine ).
Mogensen found that, amongst the vaccinated babies, there was a 10-fold mortality rate when compared to infants who had not received the vaccine.
Activist Post reports: The linchpin of the Special Master’s decision denying compensation appears to be “timing.”
See id. at *7. The Special Master explained: “[t]he order of presentation begins with timing because a gap in Ms. Tarsell’s evidence is most readily apparent in the context of attempting to identify when Christina started to suffer arrhythmia.” Id. The Special Master found:
Ms. Tarsell has not persuasively established a basic proposition of her claim, that Christina did not experience an arrhythmia until after the first dose of the HPV vaccine. Without this foundation, the rest of Ms. Tarsell’s claim cannot stand.
In reaching this conclusion, the Special Master ignored medical-record evidence from Christina’s treating physicians that showed she did not have an arrhythmia prior to her vaccine.
Instead of assessing medical-record evidence, the Special Master invoked the experts’ candid but unremarkable conclusion that it was possible that Christina’s arrhythmia could have been present before it was detected.
From this, the Special Master determined that because the onset of Christina’s arrhythmia was “unknown,” Petitioner failed to prove that Christina did not have arrhythmia before she received the vaccine.
Id. at *7-8. This conclusion disregards Christina’s extensive medical-record evidence and medical history, which indicates that her arrhythmia was detected for the first time on November 20, 2007 – – ninety days after her first HPV vaccine – – and for the second time on December 27, 2007 – – thirty-seven days after her second HPV vaccine.
The Special Master’s approach to analyzing onset placed an overly onerous burden of proof on Petitioner as illustrated by the following colloquy. [Pg.8]
In the 22-page ruling filed June 30, 2017 by Judge Mary Ellen Coster Williams, which I encourage all parents with vaccine damaged children, in particular, and all vaccine-administering MDs to read, you will find this
Petitioner’s motion for review is GRANTED. The Special Master’s decision denying compensation is VACATED, and the case is REMANDED to the Special Master for further proceedings consistent with this decision.
The Court makes no factual findings of its own. On remand, the Special Master shall reassess whether Petitioner met Althen’s Prongs One, Two, and Three and whether she is entitled to compensation, consistent with the legal principles articulated in this opinion. Pursuant to 42 U.S.C. § 300aa-12(e)(2), the Court allows 90 days for the completion of proceedings on remand.
Back in February of 2011, when I was part of the group of vaccine safety researchers and activists, including attorneys, who showed up on the apron of the steps of the U.S. Supreme Court to attend the press conference in protest against SCOTUS’s unfortunately ‘skewed science thinking’ in their BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., opinion, I met Christina’s mother, Emily Tarsell, a most-dedicated mom to finding true justice for her vaccine-damaged and departed daughter. I congratulate Mrs. Tarsell on her determination and follow-through!
As a result of that perseverance, patience and waiting, here’s what Special Master Christian J. Morgan ruled:
The Court’s Opinion and Order required additional consideration consistent with the legal principles articulated by the Court for analyzing the evidence in this tragic case about a woman, Christina Tarsell, who died much too young. Under the approach dictated by the Court, Ms. Tarsell is entitled to compensation.
The parties should anticipate that a separate order regarding damages will issue shortly. Pursuant to Vaccine Rule 28.1(a), the Clerk’s Office is instructed to notify the Court of this ruling. [CJF emphasis]
Gardasil kills, so declares the Court and Vaccine Special Master Morgan! Shout that from the mountain tops and make certain every medical doctor knows that too!
My hope is that all who have been damaged by any vaccine—and denied their claims by Vaccine Court Special Masters—will find hope and courage in Mrs. Tarsell’s perseverance to prevail for justice due under the law as Congress passed in 1986, but which the Vaccine Court Special Masters do not honor, or go out of their way to find loopholes regarding “burden of proof”—or so it seems.