Zachariah Otto v. HHS - HPV, chronic fatigue or postural orthostatic intolerance syndrome (POTS) (2020)

Zachariah Otto filed a petition on September 15, 2016, alleging that the human papillomavirus (HPV) vaccine he received on October 13, 2014, caused him to develop chronic fatigue or postural orthostatic intolerance syndrome (POTS). An entitlement hearing was held, but no ruling had yet issued.

On June 11, 2020, Otto filed a motion to dismiss his petition, stating his desire to opt out of the Vaccine Program and pursue a third-party action against the vaccine manufacturer. Respondent initially objected to the dismissal motion, arguing it lacked specific language acknowledging the claim was not proven, but later indicated a willingness to consent if the motion was refiled with conforming language.

Otto filed a reply, acknowledging that the dismissal would be adverse and might include comments on the evidence, but disputed the requirement for admissions. The Chief Special Master granted the motion to dismiss over Respondent's objection regarding the form of the motion, finding it appropriate to allow dismissal at this late stage for judicial efficiency and fairness.

The decision noted that Otto did not establish his claim by a preponderance of the evidence, as his causation theory was unreliable and unsupported by sufficient scientific evidence, and the timeframe for symptom manifestation was too remote. The dismissal was with prejudice, meaning Otto cannot pursue this claim further within the Vaccine Program.

The court found that the HPV vaccine cannot cause POTS and that Otto's post-vaccination illnesses could not credibly be linked to the vaccine. Therefore, the petition was dismissed with prejudice.