Regina Foster v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Regina Foster filed a petition on December 29, 2016, on behalf of her minor child, H.G., alleging that the human papillomavirus (HPV) vaccines H.G. received on October 29, 2014, January 5, 2015, February 4, 2015, and November 11, 2015, caused H.G. to suffer from postural orthostatic tachycardia syndrome (POTS). The initial phase of the case involved completing medical records, with the parties filing a Joint Statement of Completion on May 1, 2017.
The Respondent filed a Rule 4(c) Report on June 16, 2017, contesting entitlement. The Respondent argued that the medical records did not firmly establish a POTS diagnosis and that the Petitioner had not proven causation.
During a status conference on July 11, 2017, Special Master Brian H. Corcoran expressed concerns about the causation theory, noting the lack of precedent for HPV-induced POTS and the absence of a firm diagnosis.
The Special Master ordered the Petitioner to file an expert report by September 29, 2017, connecting the alleged causation theory to the medical facts. At a status conference on October 13, 2017, Petitioner's counsel requested an extension and indicated a possible intent to withdraw due to the claim's weaknesses.
Counsel formally moved to withdraw on November 3, 2017, which was granted. Petitioner indicated an intent to proceed pro se.
Following counsel's withdrawal, the Special Master held a status conference with Petitioner on December 15, 2017, explaining concerns about the claim's viability and extending the expert report deadline to March 30, 2018, with a caution that no further extensions would be granted. Petitioner missed the March 30, 2018 deadline.
On April 4, 2018, the Special Master ordered Petitioner to file the report immediately. Petitioner failed to comply and did not respond to an Order to Show Cause issued on April 13, 2018.
The decision notes that to receive compensation, a petitioner must prove either a Table Injury or that a vaccine actually caused the injury. The Petitioner had multiple opportunities to provide supporting evidence, including an expert report, but failed to do so.
The case was dismissed for insufficient proof and failure to prosecute, as Petitioner also failed to comply with court orders. The Clerk was directed to enter judgment accordingly.
The decision was reissued for publication on June 15, 2018.
Theory of causation
Petitioner alleged that the HPV vaccines received by H.G. on October 29, 2014, January 5, 2015, February 4, 2015, and November 11, 2015, caused H.G. to suffer from postural orthostatic tachycardia syndrome (POTS). The Respondent contested entitlement, arguing that the medical records did not firmly establish a POTS diagnosis and that causation was not proven. The Special Master expressed concerns regarding the causation theory due to a lack of precedent for HPV-induced POTS and the absence of a firm diagnosis. Petitioner was ordered to file an expert report to connect the alleged causation theory to the medical facts but failed to do so despite multiple extensions and orders. The case was dismissed for insufficient proof and failure to prosecute. No specific medical experts were named in the public decision, and the mechanism of causation was not detailed beyond the Petitioner's allegation. The decision was issued by Special Master Brian H. Corcoran on April 30, 2018, and reissued for publication on June 15, 2018. Petitioner Regina Foster proceeded pro se after her counsel withdrew. No award was made.
Source PDFs
USCOURTS-cofc-1_16-vv-01714