“After 8 long years, the government finally conceded that we met our burden of proof that Gardasil caused my death.” [1]
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. …. This is a precedent setting case. …. Here are the links to the ruling by Judge Coster Williams and the revised ruling by the Special Master.” [1] [CJF emphasis]
Interestingly, in the above ruling order by Judge Williams, this is stated as part of the “Opinion and Order”:
Because the Special Master impermissibly elevated Petitioner’s burden of proof and misapplied the legal standard, the Court remands the matter to the Special Master. [Pg.2]
In this author’s opinion, the above comment/opinion by the Judge is indicative of what has become an ‘accepted modus operandi’ by Special Masters at the Vaccine Court in order to deny vaccine damage claimants their standing at court, which is totally illegal and must be FIXED immediately by Health and Human Services!
Here’s why I say that, and the Judge confirms why I do:
Althen Prong Three: The Special Master Raised Petitioner’s Burden of Showing a Proximate Temporal Relationship Between Gardasil and Christina’s Arrhythmia
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.
Id. at *1.
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.
