Sahara Walker v. HHS - HPV, postural tachycardia syndrome (POTS), neurocardiogenic syncope, orthostatic hypotension, and autonomic neuropathy (2020)

Sahara Walker, a minor at the time of vaccination, received HPV, Tdap, and meningococcal conjugate vaccines on September 25, 2013. Her mother, Melissa Roglitz-Walker, filed a petition on May 3, 2016, alleging these vaccines caused Sahara to develop postural tachycardia syndrome (POTS), neurocardiogenic syncope, orthostatic hypotension, and autonomic neuropathy.

Sahara Walker was substituted as the named petitioner on October 11, 2019, after reaching the age of majority. The parties engaged in extensive litigation, exchanging expert reports from both sides.

Petitioner filed expert reports from Dr. Velugubanti, Dr.

Steinman, and Dr. Miglis.

Respondent filed expert reports from Dr. Kaufmann and Dr.

MacGinnitie. The case proceeded through expert reports and supplemental filings until November 11, 2019.

Following a status conference and further briefing, petitioner filed a motion on August 10, 2020, to dismiss her petition. Petitioner stated her intention to pursue a third-party action against Merck directly in district court, seeking a judgment against her in this program to facilitate that action.

Petitioner's counsel was Andrew D. Downing.

Respondent's counsel was Sarah C. Duncan.

The Secretary of Health and Human Services did not oppose the motion. Special Master Christian J.

Moran noted that while the petitioner had filed medical records and expert reports, she wished to have her claim dismissed with a judgment entered against her to protect her right to file a civil action. The Special Master construed the motion as one for dismissal with prejudice for insufficient proof, stating that the evidence weighed against a finding that Ms.

Walker suffered from POTS or the other alleged injuries. The Special Master determined that without a showing that the vaccinee suffered the alleged injury, the remainder of the case became moot, and it was not necessary to evaluate whether the HPV vaccine could cause POTS.

Consequently, the case was dismissed with prejudice for insufficient proof.