Jill Simmers v. HHS - HPV, Postural Orthostatic Tachycardic Syndrome (“POTS”) (2017)

On June 20, 2016, Jill Simmers, as parent and natural guardian of a minor child, E.K.S., filed a petition for vaccine compensation. The petition alleged that E.K.S. developed Postural Orthostatic Tachycardic Syndrome (POTS) after receiving three doses of the human papillomavirus (HPV) vaccine on June 20, 2013, August 29, 2013, and January 2, 2014.

The respondent was the Secretary of Health and Human Services. The Special Master noted that to receive compensation under the National Vaccine Injury Compensation Program, the petitioner must prove either that E.K.S. suffered a "Table Injury" listed in the Vaccine Injury Table corresponding to the vaccination, or that E.K.S.'s injury was actually caused by a vaccine.

An examination of the record did not reveal any evidence that E.K.S. suffered a "Table Injury." Furthermore, the record did not contain persuasive evidence indicating that E.K.S.'s alleged injury was vaccine-caused or vaccine-related. The Special Master emphasized that claims cannot be based solely on the petitioner's assertions and must be supported by medical records or the opinion of a competent physician.

In this case, the petitioner offered no medical opinion to support a finding of entitlement, and the medical records were insufficient. Therefore, the Special Master concluded that the petitioner failed to demonstrate either a "Table Injury" or that the injuries were "actually caused" by a vaccination.

The case was dismissed for insufficient proof. The decision was issued by Special Master Mindy Michaels Roth on April 21, 2017.

Petitioner's counsel was Kevin Mack of the Law Office of Kevin A. Mack.

Respondent's counsel was Alexis Babcock of the U.S. Dept. of Justice.