A federal claim alleging that the Human Papillomavirus (HPV) vaccine caused severe physical side effects has been dismissed with prejudice, following the petitioner’s failure to provide medical evidence linking the immunization to his injuries.
Special Master Christian J. Moran of the United States Court of Federal Claims issued the unpublished decision late last month, denying compensation to Michael Ibarra, who had sought damages under the National Vaccine Injury Compensation Program.
Ibarra originally filed his petition in February 2023, alleging that two doses of the HPV9 vaccine—administered in early and mid-2020—resulted in debilitating health issues. Specifically, the claim cited vaccine-induced myalgias (muscle aches), joint pain, and telogen effluvium, a form of temporary hair loss, which allegedly began mere days after vaccination.
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However, the case unraveled during the evidentiary phase.
According to court filings, the burden of proof rested on Ibarra to demonstrate a logical cause-and-effect relationship between the vaccine and his condition—a legal standard known as the Althen prongs. While medical records were submitted, the court noted a critical gap: the absence of an expert medical opinion.
The Department of Justice, representing the Secretary of Health and Human Services, contested the claim early in 2025. Government attorneys argued that the medical records alone were insufficient to prove causation and that Ibarra had failed to secure a requisite expert report to back his allegations.
The court gave the petitioner multiple opportunities to bridge this gap. Following a status conference in October 2024, Ibarra was granted three separate extensions to submit an expert report. Despite initial assurances that the case was on track, no such report was ever filed.
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Facing an order to show cause for the delay, Ibarra moved to dismiss his own petition on October 27, 2025, acknowledging that a dismissal would result in a judgment against him.
In his final ruling, Special Master Moran noted that under the Vaccine Act, a petitioner cannot be awarded compensation based on claims alone. Without a medical theory or expert testimony connecting the HPV9 vaccine to the alleged injuries, the court found “insufficient proof” to proceed.
The case was dismissed with prejudice, meaning it cannot be refiled.
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