Judgment T-365/17

Reference: File No. T- 5.190.041

Action for guardianship filed by Edith Perdomo Londoo, who acts on behalf of her daughter Aura
Cristina Campo Perdomo, and Alba Lucia Murillo Maya, as an informal agent of the other children,
adolescents and young women allegedly affected by the side effects caused by the HPV vaccine,
against the Ministry of Health and Social Protection, the Servicio Occidental de Salud S. A - S.

Judge-Rapporteur:

ALBERTO ROS RED RIVERS

Bogot, D. C., two (2) June 2007, two thousand seventeen (2017).

The Eighth Chamber for the Review of the Constitutional Court, in exercise of its constitutional and
legal powers, specifically those provided for in Articles 86 and 241, paragraph 9 of the Political
Constitution and Decree-Law 2591 of 1991, provides the following:"The Constitutional Court shall
have the power to

SENTENCE

As part of the review process of the judgments of guardianship handed down on July 13,2015, by
the Second Civil Court of the Circuit of Cali, Valle del Cauca, (first instance), and on August 12 of
the same year, by the Superior Court of the Judicial District of Cali, Valle del Cauca (second
instance), which resolved to deny the guardianship action instituted by Edith Perdomo Londoo,
representing

The reference file was selected for review by Order of the twenty-eighth (28) of October of two
thousand fifteen (2015), issued by the Tenth Selection Chamber, composed of Magistrates Jorge
Ivn Palacio and Luis Ernesto Vargas Silva.
In accordance with the sixth paragraph of that order, the resolution of the matter was distributed
to Judge Alberto Rojas Ros.

I. BACKGROUND

1. According to the guardians, the Mayor's Office of Santiago de Cali -Northern Health
Network-, by means of a circular letter dated August 13,2012, informed parents and educational
institutions that the Ministry of Health and Social Protection had included the Human
Papillomavirus (HPV) vaccine in the National Unique Vaccination Scheme, as part of the National
Public Health Strategy to reduce morbidity and mortality.

2. They indicate that the Celmira Bueno Orejuela Educational Institution in Cali, Valle del
Cauca, where Aura Cristina Campo Perdomo (daughter of Edith Perdomo Londoo), was in fifth
grade, sent the parents the application for approval for the free and compulsory application of the
Human Papillomavirus (HPV) vaccine.

3. They state that once the procedure was approved, Aura Cristina Campo Perdomo, who is
currently 15 years old, received three doses of the Gardasil vaccine from the Merck Sharp & Domh
laboratory, in a vaccination day organized by the Educational Institution Celmira Bueno Orejuela, in
the period between August 2012 and April 2013. The first dose was applied on 20 September
2012, the second on 8 November 2012 and the third on 21 March 2013.

4. They report that approximately one month after receiving the third dose, the minor began
to have severe pains on the right side of her body and in her upper and lower extremities.

5. Faced with these circumstances and seeing that Aura Cristina continued to present
constant pains throughout her body, her mother turned to the E. P. S. action and was attended by
physician Ricardo Ernesto Ypez Zambrano at the Valle del Lili Foundation. There, after several tests
and analyses, it was possible to conclude that the minor had polyarticular reactive arthritis.

6. Since her daughter's health showed no improvement after all the tests ordered by the
treating doctors had been performed, no definitive diagnosis was obtained, she decided to go to
The Great Plains Laboratory Inc. in Lenesa, Kansas, United States, for a metallography hair test.
7. The result of the above mentioned examination, concluded that Aura Cristina Campo
Perdomo presents intoxication by heavy metals (lead, aluminum, cadmium, titanium and silver).
Lead poisoning was confirmed by another advance examination by toxicologist Camilo Uribe
Granja, at the Children's Hospital San Jos in Bogot on July 28,2014.

8. Warns that medical care provided by the Western Health Service S. O. S -E. P. S. is
cumbersome and inappropriate, since the symptoms of