AB v. HHS - HPV, flu-like symptoms, extreme fatigue, dizziness, and Postural Orthostatic Tachycardia Syndrome (“POTS”) (2014)

Robert and Pamela Boyer, as parents and guardians of AB, filed a petition alleging that AB suffered from flu-like symptoms, extreme fatigue, dizziness, and Postural Orthostatic Tachycardia Syndrome (POTS) caused by multiple vaccines received on September 4 and October 5, 2009. The petition was filed on January 27, 2014.

Petitioners later filed a motion for judgment on the record, indicating their expert could not support their claim and that they understood the difficulty in proving causation. Subsequently, they filed a motion to dismiss their petition, stating they would be unable to prove entitlement to compensation.

The court noted that to receive compensation, petitioners must prove either a Table Injury or that a vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence of causation.

Consequently, the petition was denied and dismissed for insufficient proof. A subsequent decision on April 23, 2014, awarded petitioners $28,000.00 in attorneys' fees and costs based on a stipulation between the parties.