Cooper J. Humphries v. HHS - HPV, postural orthostatic tachycardia syndrome (2021)

Cooper J. Humphries filed a petition on March 1, 2017, alleging that he developed postural orthostatic tachycardia syndrome (POTS) after receiving two doses of the human papillomavirus (HPV) vaccine on July 1, 2015, and August 14, 2015.

Both parties submitted extensive expert reports and medical literature. The case was transferred to Chief Special Master Corcoran in January 2021.

On February 23, 2021, Mr. Humphries indicated his intent to dismiss the matter so he could pursue a third-party action against the vaccine manufacturer.

Respondent contested the dismissal, arguing that the motion lacked language conceding the inability to prove the claim under Althen. The court granted the motion to dismiss with prejudice, citing the late stage of the litigation and a trend of HPV cases being dismissed to pursue external actions.

The decision noted that while the petitioner did not explicitly concede the claim's merits, the court's rules allow for dismissal at the petitioner's request on terms the court deems proper. The court also indicated that a preliminary review suggested the claim might not have succeeded, referencing prior rulings on similar HPV vaccine claims and POTS causation.