Gidget Miller v. HHS - HPV, narcolepsy, cataplexy, neurologic and/or physical impairments (2017)

On September 28, 2017, Gidget Miller, a minor, through her mother Monica Miller, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that the human papillomavirus (HPV) and/or varicella vaccinations administered on August 8, 2013, and/or the HPV vaccination administered on October 22, 2013, resulted in the development of or significant aggravation of Petitioner's narcolepsy, cataplexy, and/or neurologic and physical impairments.

Petitioner's counsel later filed a motion to dismiss the claim on September 28, 2017, conceding that they were unable to secure sufficient and/or persuasive evidence to prove entitlement to compensation. Petitioner stated that proceeding further would be unreasonable and would waste the resources of the Court, Respondent, Petitioner, and the Vaccine Program.

This motion was filed without opposition from the Respondent. Special Master Herbrina Sanders noted that to receive compensation, Petitioner must prove either a "Table Injury" corresponding to the vaccination or that the injury was actually caused by a vaccine.

The record did not contain evidence of a "Table Injury" nor persuasive evidence that the alleged injuries were caused or significantly aggravated by the vaccinations. The decision also stated that the petition must be supported by medical records or the opinion of a competent physician, neither of which were sufficient in this case.

Consequently, the case was dismissed for insufficient proof. The specific dates of vaccination and time to onset of symptoms were not detailed in the decision.

Petitioner was represented by Michael McLaren of Black McLaren, et al., PC, and Respondent was represented by Ilene Albala of the U.S. Department of Justice.