G.W. v. HHS - HPV, postural tachycardia syndrome (POTS) (2020)

Carolyn and Stephen Wall, on behalf of their minor child G.W., filed a petition on May 1, 2017, alleging that the human papillomavirus (HPV) vaccine administered on September 25, 2015, caused G.W. to develop postural tachycardia syndrome (POTS). They further alleged that an influenza vaccine received on December 28, 2015, worsened the condition.

The Secretary of Health and Human Services contested entitlement. Following the filing of initial medical records, the Secretary filed a Rule 4(c) report contesting entitlement.

A status conference identified an onset dispute, and petitioners were ordered to submit an onset affidavit and additional medical and school records. Petitioners subsequently filed expert reports from Dr.

Miglis and Dr. Steinman.

The Secretary responded with expert reports from Dr. Boris and Dr.

MacGinnitie. Petitioners then submitted a statement from G.W.'s treating physician, Dr.

Luther, and a supplemental expert report from Dr. Miglis.

The expert report phase concluded with supplemental reports from Dr. Boris and Dr.

MacGinnitie filed by the Secretary. On June 11, 2020, an order for briefs was issued, followed by a status conference on June 30, 2020.

On July 29, 2020, the petitioners moved to dismiss their petition, stating their intention to pursue a third-party action directly against Merck in district court, citing ongoing litigation involving Gardasil vaccine recipients. They requested a judgment be entered against them to facilitate this separate civil action, emphasizing that this decision did not reflect a lack of belief in their claim's merits.

The Secretary did not file a response to the motion. Special Master Christian J.

Moran construed the motion as one for dismissal with prejudice for insufficient proof, noting that the evidence presented weighed against a finding that G.W. suffered from POTS. The Special Master determined that without a showing that G.W. suffered the alleged injury, the remainder of the case became moot, and evaluation of whether the HPV vaccine could cause POTS was unnecessary.

The motion for decision was granted, and the case was dismissed with prejudice for insufficient proof. Judgment was to be entered accordingly.

The attorneys involved were Andrew D. Downing for the petitioners and Mallori B.

Openchowski for the respondent. The decision was issued by Special Master Christian J.

Moran.