VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00711
Package ID: USCOURTS-cofc-1_16-vv-00711
Petitioner: E.K.S.
Filed: 2016-06-20
Decided: 2017-04-21
Vaccine: HPV
Vaccination date: 2013-06-20
Condition: Postural Orthostatic Tachycardic Syndrome (“POTS”)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Jill Simmers, on behalf of minor E.K.S., 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 petition was filed on June 20, 2016. The Special Master determined that entitlement required proof of either a "Table Injury" or that the injury was "actually caused" by a vaccine. The record lacked evidence of a "Table Injury." Petitioner failed to provide persuasive evidence that the alleged POTS was vaccine-caused, offering no competent physician's opinion to support the claim, and the medical records were insufficient. The case was dismissed for insufficient proof by Special Master Mindy Michaels Roth on April 21, 2017. Petitioner was represented by Kevin Mack, and respondent by Alexis Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00711-0
Date issued/filed: 2017-04-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/27/2017) regarding 31 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:16-vv-00711-UNJ Document 40 Filed 04/21/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-711V
(Filed: March 27, 2017)
* * * * * * * * * * * * * *
JILL M. SIMMERS, *
Parent and Natural Guardian of a *
minor child, E.K.S. *
* Dismissal; Postural Orthostatic
Petitioner, * Tachycardic Syndrome (“POTS”);
* Human papillomavirus (“HPV”)
v. * Vaccine; Insufficient Proof.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Kevin Mack, Law Office of Kevin A. Mack, Tiffin, OH, for petitioner.
Alexis Babcock, U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On June 20, 2016, Jill Simmers (“Ms. Simmers” or “petitioner”) filed a petition for Vaccine
Compensation in the National Vaccine Injury Compensation Program [“the Program”]2 on behalf
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner
have 14 days to identify and move to delete medical or other information, that satisfies the
criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public
access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter
“Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. §
300aa of the Act.
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Case 1:16-vv-00711-UNJ Document 40 Filed 04/21/17 Page 2 of 2
of her minor child, E.K.S., alleging that she developed Postural Orthostatic Tachycardic Syndrome
(“POTS”), after receiving human papillomavirus (“HPV”) vaccinations on June 20, 2013, August
29, 2013, and January 2, 2014. The information in the record, however, does not show entitlement
to an award under the Program. On March 27, 2017 petitioner filed a “Motion for Decision”
requesting that her case be dismissed. ECF No. 30.
To receive compensation under the Program, petitioner must prove either 1) that E.K.S.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to her vaccination, or 2) that E.K.S. suffered an injury that was actually caused by a vaccine. See
§§ 13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
E.K.S. suffered a “Table Injury.” Furthermore, the record does not contain persuasive evidence
indicating that E.K.S.’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the
petitioner’s claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 13(a)(1). In this case, because there are insufficient
medical records supporting petitioner’s claim, a medical opinion must be offered in support.
Petitioner, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that E.K.S. suffered a “Table Injury” or that her injuries were “actually
caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
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