US Federal Court Rules Death caused by Gardasil HPV Vaxx (Part 2)
(To read part Part 1 before continuing see link below article)
By TLB Contributing Partner: Christina England, BA, Hons
This case is one of many from Shattered Dreams the HPV Vaccine Exposed.
Mrs Tarsell Takes the Case to Court
To medically investigate and support her claim, Emily’s attorney asked leading cardiologist and electrophysiologist, Professor Michael Eldar, M.D., FACC, FESC, FHRS, and leading immunologist, Professor Yehuda Shoenfeld, MD, FRCP, MaACR, to examine her daughter’s case in detail.
Tarsell vs. Department of Health and Human Services for the Death of Christina from Gardasil
“Four experts, two representing our family and two representing the government, attorneys for the respective sides and myself testified at the hearing on November 13-14, 2014. Special Master Christian Moran presided over the hearing. In the “vaccine court” there is no judge or jury.
Since there were no structural problems with Chris’s heart as confirmed by an earlier echocardiogram and by the coroner’s report, the problem was likely due to a disturbance in the rhythm of the heart, which is regulated by an electrophysiological process. Dr. Michael Eldar is a world-class expert in this field. Excerpts from his testimony and that of the other experts follow.”
The questions posed by Dr. Eldar were:
“What was the nature of the arrhythmia found in the ECG tracings of Christina Tarsell?
Could this arrhythmia have caused her sudden death?”
The answers, according to Dr. Eldar’s report, were as follows:
“The arrhythmia was RVOT VPCs.
The RVOT VPCs are the probable cause of death of Christina Tarsell.”
Emily explained to us that:
“Regarding the nature of the arrhythmia, both the expert cardiologist representing the government, Dr. Scott Yeager, and Dr. Eldar agreed on review of Chris’s ECGs that the arrhythmia was of the type ventricular premature complexes (VPCs) rather than premature atrial contractions (PACs) as originally diagnosed by her primary care doctor.”
Dr. Eldar wrote:
“Dr. Yeager reviewed the ECGs and he diagnosed the premature beats as ventricular premature complexes (VPCs), rather than PACs, originating from the right ventricular outflow tract (RVOT). I examined two ECGs, recorded on November 20, 2007, and December 27, 2007, and I agree with the diagnosis of Dr. Yeager.”
Dr. Eldar continued that:
“Dr. Yeager claims that this type of arrhythmia is common in adolescents and states that this type of VPCs is “usually felt to be at quite low risk, and may even be cleared for competitive athletics.” (Page 6)
While this claim is true for many cases of RVOT VPCs, it is definitely not true for all of them.”
He explained that whilst this information is true, there are different types of RVOT VPCs with different morphologies, and the type seen in Christina’s ECGs was consistent with types seen in people with normal hearts who developed life-threatening arrhythmia. This type is described in the literature as “malignant” RVOT VPCs. After giving several examples from papers that supported his claim, Dr. Eldar wrote:
“In summary: the VPCs in the ECG tracings of Christina Tarsell were very similar in their form and in their CI to those described as malignant RVOT VPCs in the above mentioned studies.”
Dr. Eldar argued that the RVOT VPCs were the probable cause of Christina’s death. Furthermore, he pointed out that, in fact, Dr. Yeager had not actually denied that there was a possible causative connection between the VPCs and the sudden death of Christina, because in his report, Dr. Yeager had written that:
“It is impossible to know the role, if any, of this patient’s ventricular ectopy in her subsequent sudden death … Nonetheless, I find it difficult to discount her prior history of ventricular arrhythmia in light of her subsequent death, and I am suspicious that more detailed evaluation would have revealed a concerning pattern of ectopy, but I am by no means certain of a direct association.”
Regarding a temporal relationship between the vaccination and the onset of an arrhythmia, the medical records had revealed that Christina’s health only deteriorated after she had received the HPV vaccination, Gardasil.
In fact, the first time that her symptoms were recorded was after she had received her first shot of Gardasil and, according to reports, her symptoms increased with each subsequent Gardasil vaccination.
Dr. Eldar concluded that:
“Christina Tarsell’s arrhythmia was not documented before her first Gardasil shot.
The erroneous interpretation of the premature beats as PACs rather than VPCs made them seem of low clinical importance. If properly diagnosed, a more thorough medical investigation (including stress test and a Holter monitor) might have revealed a more significant type of arrhythmia. This theory is also alluded to by Dr. Yeager in his report.
I have shown that RVOT VPCs with the characteristics found in the present case are capable of triggering fatal arrhythmias (either VF or polymorphic VT) in apparently healthy individuals.
In conclusion, I find it more likely than not that the RVOT VPCs were the trigger of the sudden death of Christina Tarsell.”
While both experts agreed on the type of arrhythmia that Christina had experienced, the question remained as to whether her arrhythmia was induced by vaccination, and if so, by what mechanism?
This was addressed in full by Emily’s other expert, immunologist Dr. Yehuda Schoenfeld, with supporting testimony from Dr. Eldar.
Further Evidence That Gardasil Caused Christina Tarsell’s Death
Dr. Schoenfeld first challenged an opinion that had been submitted by Dr. Yeager, that perhaps Christina had inherited an undetected hereditary arrhythmia syndrome.
Dr. Schoenfeld wrote:
“On page 4, Dr. Yeager states his opinion that the most probable reason for Christina’s sudden death was an undetected hereditary (genetic) arrhythmogenic syndrome. He provides no evidence to support his view.”
Dr. Schoenfeld continued:
“With all due respect, but beliefs do not constitute as evidence in a court of law. Moreover, if there was history of genetic arrhythmogenic syndrome in the Tarsell family, it would be obvious, as such genetic abnormalities manifested in sudden death of relatives. In other words, they do not remain hidden and Christina’s death, in such case, would not have been the first.”
Emily reported to the court, that there was no family history of arrhythmia, sudden deaths from arrhythmia, or indeed any other form of heart disease. She explained what happened as Dr. Schoenfeld presented his testimony:
“Dr. Schoenfeld then addressed the biologically possible mechanism at the cellular level by which the vaccine could cause death. The process is called molecular mimicry and it happens when proteins in HPV vaccines share a similarity with one’s own protein. The antibodies induced by the vaccine get confused and direct their attack to one’s own proteins as well as the intended HPV target.
Dr. Schoenfeld discovered a research paper which showed that the L1HPV 16 protein in Gardasil was similar to the the L-type calcium channel receptor in the heart. In certain individuals, the body then mounts an immune response to both the L-1 protein and L-type calcium channel receptor resulting in cross-reactivity and an autoimmune response.”
She explained that:
In summarizing the mechanism, attorney Mark Sadaka reiterated what Dr. Schoenfeld had written. He stated that:
“Autoantibodies bound to the L-type calcium channels in Christina’s heart making them dysfunctional resulting in an influx of calcium into the heart cells. The increased concentration of calcium in the heart cells caused her ventricular premature contractions which led to her death. After each additional Gardasil vaccination, more calcium entered the heart resulting in a worsening of her arrhythmia and ultimately her death.”
Dr. Schoenfeld’s proposed mechanism was further supported by Dr. Eldar, who stated that:
“Based on my previous report (14/7/2014) and the report of Dr.Yeager, (23/4/2014) the death of Christina Tarsell was caused by fatal ventricular arrhythmia related to the RVOT VPCs recorded previously in 2 ECG tracings. Gardasil, by causing increased L-type Ca current (Prof. Shoenfeld’s supplemental report), may be implicated in causing the RVOT VPCs, which triggered the ventricular arrhythmia that caused the premature death of Christina Tarsell.”
Emily told us that:
“The expert immunologist for the government was S. Michael Phillips, M.D., F.A.C.P, whose main argument was to refute a link between Chris’s death and Gardasil vaccination, based on epidemiology and was summarized and addressed by Dr. Schoenfeld, who stated:
“On page 6, Dr. Phillips addresses the question regarding Gardasil, and whether this vaccine might have triggered the sudden unexpected death in Christina’s case. He comes to the conclusion that Gardasil can be excluded as a possible trigger because in his review of the relevant literature, Dr. Phillips found no evidence of an increased signal of such adverse events linked to Gardasil vaccination. He cites the fact that thus far, 100 million doses of Gardasil have been distributed worldwide and if there was a real risk of sudden deaths, vaccine surveillance safety programs would have picked it up by now. However, it should be noted that for any vaccine the number of doses that are eventually administered is much lower than the number of doses that are distributed. Thus, calculations based on the latter tend to underestimate the rate of vaccine-associated adverse events. Supporting this interpretation, it was previously shown that for any of the two HPV vaccines currently on the market, the reported rate of adverse reactions per 100,000 doses administered was very similar across different countries and approximately 7 times higher than that calculated from the number of distributed doses. Moreover, given that worldwide, vaccine surveillance programmes routinely rely on passive reporting, the rate of rare but nonetheless serious adverse events causally linked to HPV vaccination might have escaped detection. The fact again remains that a previously healthy young woman died from a cardiac arrest, less than 3 weeks following her 3rd dose of Gardasil, thus in clear temporal relationship with the administration of the vaccine. The analysis of U.S. VAERS data by Slade et al. shows that there were reports of sudden unexpected deaths following Gardasil and although the signal for sudden deaths was not significant, a notable proportion of these events were due to cardiac abnormalities and their temporal relationship with the HPV vaccine falls within the same time-frame as in Christina’s case (less than 3 weeks following vaccination).”” (emphasis added)
Dr. Shoenfeld concluded by summarising that the evidence presented over two days of testimony had satisfied all three prongs stipulated by the Court of Federal Claims to win a judgment: He stated that:
“In conclusion, as I stated previously in my report, in Christina Tarsell’s case we have:
(1) a medically plausible mechanism of cause and effect showing that the vaccination could have caused the injury;
(2) a clear temporal relationship between vaccination and injury (3 weeks);
(3) previous precedents where the same vaccine caused the same type of injury and within the same timeframe  and finally;
(4) lack of any reasonable alternative causes that could explain her condition.
Therefore, it is more likely than not that Gardasil was the cause of the tragic death of Christina Tarsell.”
The evidence presented to the court from both of these experts was supported by reams of published, peer-reviewed papers, medical records, numerous expert reports, decades of experience and thousands of hours of work, and it appeared that the government had no alternative explanation for what had happened to Christina.
This made the experts’ evidence all the more compelling. Therefore, it would have been easy at this stage to presume that Emily and her team had met their burden of proof.
However, as Emily would soon discover, it would take more than two of the world’s leading experts armed with an arsenal of evidence to persuade the vaccine court’s Special Master that the HPV vaccine was responsible for Christina’s death.
Death from Gardasil Litigation Continues in the US Court of Federal Claims
Emily told us that:
“Special Master Moran rendered a decision on February 16, 2016, a year and three months after the hearing. Astonishingly, he ruled against us by ignoring the evidence.”
Emily explained to us that:
“In the Court of Federal Claims, when a decision by the Special Master is contested, the plaintiff can appeal to a higher authority.”
She told us that she and her team were appalled that Moran had ignored and misinterpreted important evidence and testimonies written by experts.
She stated that:
“Attorney Sadaka filed an appeal on March 16, 2016, that was strongly critical of Special Master Moran for “egregious distortions” and judgments that were “arbitrary and capricious” and “deprived the petitioner of a fair hearing.” What happened next was precedent-setting.”
Emily explained that:
“The case then went to a judge and was assigned to Judge Mary Ellen Coster Williams. The judge reviewed all of the evidence and filed her decision on June 30, 2017, more than a year after receiving the case. The Judge wrote a 22-page critic of the ruling made by Special Master Moran. She cited instances where the Special Master had ignored critical evidence and made multiple errors of judgment and errors of law. Judge Coster Williams then remanded the case back to Special Master Moran and directed him to consider all of the evidence and the rules of law in the “vaccine court.””
In Judge Coster Williams’ report , she made her views on the Tarsell case perfectly clear. One of the key points of contention was whether or not Christina’s arrhythmia had existed prior to her receiving the vaccination.
In his ruling, the Special Master had stated that the petitioner had failed to demonstrate that the arrhythmia had not existed before the vaccination, and he had appeared to have ignored all the evidence that the Tarsell family had submitted.
In her report, Judge Coster Williams stated:
“… the Special Master ignored medical record evidence from Christina’s treating physicians that showed she did not have arrhythmia prior to her vaccine.”
On page 21 of her extremely thorough report, Judge Coster Williams concluded that:
“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.”
Emily explained that:
“The truth is that all experts agreed that Christina died from an arrhythmia and her 20-year medical history was extensively reviewed by Judge Coster Williams, who cited 30 specific medical appointments which show that arrhythmia was not reported prior to vaccination (tabulated on page 22 of the Judge’s report).”
“Secondly, the Judge determined that we had met our burden of proof regarding a “biologically plausible” theory causally connecting the vaccination with the injury. “Biologically plausible” is the legal standard in the vaccine court.
Thirdly, the Judge also instructed the Special Master to consider the evidence for Challenge-Rechallenge which he had ignored. In short, on remand, the SM was instructed to “consider all evidence on a logical sequence of cause and effect linking Gardasil and Christina’s death.”
On remand, the Special Master Moran followed the legal directives which led him to reverse his decision. He then ruled that we had indeed met our burden of proof for the court of Federal Claims and were entitled to compensation.”
Special Master Moran’s second and final ruling was filed on September 25, 2017. He wrote:
“The undersigned finds that the challenge-rechallenge evidence is sufficiently probative that this presentation carries Ms. Tarsell’s burden of proof.”
He continued that:
“Ultimately, because of the finding that Christina began to experience arrhythmia after her HPV vaccination, Ms. Tarsell has presented preponderant evidence of a logical sequence of cause and effect, connecting the HPV vaccination to the ensuing arrhythmia.”
“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.”
Emily explained how she felt after the Special Master had made his final decision:
“The first sense of justice, joy and relief came when Judge Coster Williams considered our evidence and validated our appeal. That was just awesome and restored my faith in the legal process. We anticipated at that point that the Special Master would reverse his decision since he was basically over ruled by a higher authority. However, there was still one more hurdle before we could declare victory. The government had a window of opportunity to appeal the final decision by the Special Master. It is very telling that the government did not appeal the final decision. Their opportunity to appeal expired on March 30, 2018, eight years after the case was filed. By not appealing, the government (HHS) thereby conceded that we had proved by preponderance of evidence that Gardasil vaccinations killed Christina.
Speaking of a higher authority, from the moment I realized that Gardasil killed Chris, I felt that I was summoned by a Higher Consciousness for a mission on behalf of my daughter and others injured by the vaccine. Sometimes we don’t choose our battles; they choose us. This was before I had an attorney or experts and I had to trust that the path to truth would unfold.
Amazingly, the right people, the right attorney, the right science and scientists, and the right judge all coalesced for the truth to prevail. So the victory was also a validation of my faith.
It has been difficult. In addition to loosing my only child whom I loved with all of my heart, I have been viciously attacked on media and even privately, quietly dismissed by some from whom I expected support. So having the truth validated by the legal system is a big crack in the wall of denial regarding Gardasil-induced injuries and death.
There are those who will try to cover up or minimize the crack or distract you with lies and bribes for their own selfish or naive reasons. So, the “battle” is not over ,but our victory is precedent-setting because it is the first Gardasil death case to win a judgment.
My heart goes out to all of the thousands of families whose beautiful children have died or been seriously injured by HPV vaccinations. Some cases have prevailed in the vaccine court in the US and in other courts across the world. But most people don’t know about their legal options or learn too late after the statute of limitations had expired. Others are blocked from justice by the barriers of discovery and other systemic impediments.
I feel gratitude that Chris’s Gardasil-induced death case was not just swept under the carpet. Her favorite sport was baseball and with her win, she has scored a huge home run. I’m still on deck and ready to go to bat to save lives.”
Through dogged determination, perseverance, blood, sweat and tears and with truth on their side, Emily and her exceptional team, Attorney Sadaka, Dr. Eldar and Dr. Schoenfeld, prevailed.
This case was never about financial gain. They knew Emily would not settle. This case was always about getting justice for Christina and holding the government accountable for HPV vaccine deaths and injuries.
Christina is sadly just one of a growing number of individuals who have lost their lives after receiving a vaccine that has been deemed safe and effective by governments from around the world. By proving with preponderance of evidence that this vaccine was responsible for Christina’s death, Ms. Tarsell has paved the way for others to get the justice they deserve.
We would like to thank Ms. Tarsell for her bravery, for allowing us to read her daughter’s reports and for agreeing to participate in this book.
World Health Organisation (WHO) VigiAccess database. Accessed August 13, 2018. Available here
Lyons-Weller, James. Who and What Killed Christina Tarsell # NotOneMore. Mercury Project. 2018. Available here
Human Resources and Services Administration. National Injury Compensation Progam, Official Website. Available here
Coster Williams, Mary Ellen, Judge. United States Court of Federal Claims. June 2017. Available here
Moran, Christian J. Special Master. United States Court of Federal Claims. September 2017. Available here
Read more articles by Christina England
Note from Christina:
Arlo was rescued from Romania when he was just six months old, after being born with deformed front legs and dumped outside a railway station.
I have been fostering him for the past year and after a massive fundraising effort, have raised enough money to have surgery to straighten his left leg and fuse his wrist.
This surgery was performed last week and was a great success. However, this has left him lopsided and he now needs similar surgery on his right leg.
Please donate anything that you can to help this darling little boy to stand tall and walk on all four legs for the first time. Thank you.
Please consider donating through my fundraiser, where you can see more of his story.
Or through my PayPal [email protected]
About the Author: Christina England, BA Hons, Research Journalist and Author
Christina was born and educated in London, U.K. She left school to work in a children’s library, specialising in storytelling and book buying. In 1978, Christina changed her career path to dedicate her time to caring for the elderly and was awarded the title of Care Giver of the Year for her work with the elderly in 1980.
After taking an A Level in Psychology and a BTEC in Learning Support, Ms. England spent many years researching vaccines and adverse reactions. She gained a Higher National Diploma in Journalism and Media Studies in 2010 and in 2016 she gained a BA Hons degree in Literature and Humanities. She currently writes for VacTruth, Health Impact News, GreenMedInfo, The Liberty Beacon, Vaccine Impact and Medical Kidnap on immunisation safety and efficacy.
She has co-authored the book – Shaken Baby Syndrome or Vaccine Induced Encephalitis – Are Parents Being Falsely Accused? with Dr. Harold Buttram and Vaccination Policy and the UK Government: The Untold Truth with Lucija Tomljenovic PhD, which are sold on Amazon. She also compiled the book Shattered Dreams: The HPV Vaccine Exposed
Her website is Parents and Carers Against Medical Injustice
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