A.H. v. HHS - Meningococcal, autoimmune dysautonomia, postural orthostatic tachycardia syndrome (POTS) (2019)

A.H. filed a petition on August 3, 2016, alleging that she suffered autoimmune dysautonomia and postural orthostatic tachycardia syndrome (POTS) as a result of meningococcal and DTaP vaccines received on August 5, 2013. She further alleged that these injuries were caused or aggravated by HPV and varicella vaccines received on August 5, 2014.

The record did not establish entitlement to compensation. On August 28, 2019, A.H. filed a motion to dismiss her petition, stating that a full investigation demonstrated she could not prove entitlement.

She understood that dismissal would result in a judgment against her and that she would elect to reject the Vaccine Program judgment to file a civil action. The court noted that A.H. had not alleged a Table injury and had not provided medical records or expert opinions to support an off-Table injury claim.

Therefore, A.H. had not met her burden of proof. The motion to dismiss was granted, and the matter was dismissed for insufficient proof.