Monika Piatek v. HHS - HPV, reactive arthritis, dysautonomia, autonomic neuropathy, POTS, and IBS associated with POTS (2021)

On April 28, 2016, Monika Piatek filed a petition on behalf of her minor child, N.P., alleging that the human papillomavirus (HPV) vaccine, identified as Gardasil, administered on August 31, 2001, caused N.P. to develop reactive arthritis, dysautonomia, autonomic neuropathy, postural orthostatic tachycardia syndrome (POTS), and irritable bowel syndrome associated with POTS. The respondent recommended against compensation in a Rule 4(c) report filed on October 14, 2016.

The case was initially assigned to Special Master Lisa Hamilton-Feldman and later reassigned to Special Master Herbrina Sanders in January 2017. Both parties filed expert reports, and settlement negotiations failed.

The respondent requested an expert hearing, and the petitioner subsequently filed a supplemental expert report, to which the respondent did not respond. The case was reassigned to Chief Special Master Brian H.

Corcoran in March 2021. After a status conference, the parties elected to proceed by ruling on the record.

However, before a ruling was issued, the petitioner filed a motion on May 18, 2021, requesting dismissal of the petition. The petitioner maintained that the Gardasil vaccine caused N.P.'s illnesses but sought to end the litigation due to N.P.'s improved health during the five-year pendency of the case and a desire for the litigation to conclude.

The petitioner acknowledged that dismissal would result in a judgment against her and the termination of all Vaccine Program rights. The respondent did not object to the dismissal but reserved the right to challenge the good faith and reasonable basis of the claim if the petitioner later sought attorneys' fees and costs.

On May 19, 2021, Chief Special Master Corcoran granted the petitioner's motion and dismissed the petition with prejudice. He noted that the standard Vaccine Rule 21 procedures for voluntary dismissal were not applicable at this stage of the litigation, as the Rule 4(c) report had been filed and the respondent had not stipulated to dismissal.

Instead, the Chief Special Master applied the Court of Federal Claims Rule 41(a)(2), which allows for dismissal at the petitioner's request on terms the court considers proper. He found dismissal appropriate for reasons of expediency, judicial efficiency, and fairness to other claimants, and noted that the petitioner was prepared to accept the consequences of dismissal, including his preliminary view that the claim was unlikely to have succeeded if resolved by trial or record ruling.

No compensation was awarded. Petitioner was represented by Edward M.

Kraus of the Law Offices of Chicago Kent. Respondent was represented by Meghan Murphy of the U.S.

Department of Justice.