Zoe Wright v. HHS - MMR, Polycystic Ovary Syndrome (“PCOS”); Postural Orthostatic Tachycardia Syndrome (“POTS”); brain damage (2017)

On November 30, 2015, Zoe Wright filed a petition under the National Vaccine Injury Act of 1986, alleging that she suffered Polycystic Ovary Syndrome (PCOS) as a result of receiving the Gardasil, hepatitis B, polio, and MMR vaccinations on December 5, 2012. The petition was later amended on May 27, 2016, to include allegations of vaccine-induced brain damage and Postural Orthostatic Tachycardia Syndrome (POTS) from the same vaccinations.

Petitioner filed medical records and statements of completion, and multiple motions for extensions of time to file an amended petition. Respondent filed a Rule 4(c) Report on April 28, 2017, recommending against compensation and requesting additional medical records.

Petitioner continued to file additional medical records over several months. An Order to Show Cause was issued on September 1, 2017, due to the failure to file outstanding medical records, warning that the case would be dismissed if records were not filed by October 2, 2017.

Petitioner filed the missing records and was subsequently ordered to file an expert report by November 27, 2017. On November 27, 2017, petitioner filed a status report stating that after consulting with medical experts, she requested 30 days to file a motion to dismiss her case.

On December 27, 2017, petitioner filed an affidavit from her mother and a motion to dismiss her petition, stating that an investigation of the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation. To receive compensation, a petitioner must prove either a "Table Injury" or that the injuries were actually caused by a vaccine.

The court found no evidence of a "Table Injury" and no persuasive evidence indicating that petitioner's PCOS, POTS, brain damage, or any other injuries were caused by the vaccinations. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Petitioner was unable to find an expert to opine as to causation and did not file an expert report. Chief Special Master Nora Beth Dorsey dismissed the case for insufficient proof, stating that the petitioner failed to demonstrate either a "Table Injury" or that her injuries were caused-in-fact by her vaccinations.

The case was dismissed without an award. Petitioner's counsel was Mark T.

Sadaka, LLC. Respondent's counsel was the U.S.

Department of Justice.