Corinn McElerney v. HHS - HPV, autonomic nervous system dysregulation and postural orthostatic tachycardia syndrome (“POTS”) (2020)

Filed 2016-11-17Decided 2020-08-24Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

Corinn McElerny filed a claim under the National Childhood Vaccine Injury Act alleging she suffered autonomic nervous system dysregulation and POTS as a result of Gardasil vaccines administered on November 21, 2013, and January 23, 2014, and a flu mist vaccination on October 15, 2014. Initially brought by her parents as she was a minor, the case involved extensive expert reports from both petitioner and respondent.

On July 24, 2020, Corinn McElerny, now an adult, filed a motion to dismiss her petition, stating her choice to opt out of the Vaccine Program to pursue a third-party action against Merck directly. Respondent did not object to the dismissal but requested it be with prejudice.

The Special Master granted the motion, dismissing the petition with prejudice for insufficient proof, noting that no Table Injury was alleged and there was insufficient evidence to prove causation. The decision also referenced prior cases rejecting causal theories linking the HPV vaccine to POTS and autonomic nervous system dysfunction.

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