VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00583
Package ID: USCOURTS-cofc-1_17-vv-00583
Petitioner: G.W.
Filed: 2017-05-01
Decided: 2020-09-15
Vaccine: HPV
Vaccination date: 2015-09-25
Condition: postural tachycardia syndrome (POTS)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioners Carolyn and Stephen Wall, on behalf of minor G.W., alleged that the HPV vaccine on September 25, 2015, caused POTS, which was worsened by an influenza vaccine on December 28, 2015. The Secretary contested entitlement. After discovery and exchange of expert reports (petitioners' Dr. Miglis, Dr. Steinman; respondent's Dr. Boris, Dr. MacGinnitie), petitioners moved for dismissal with prejudice on July 29, 2020, to pursue a third-party action against Merck. Special Master Christian J. Moran construed this as a dismissal for insufficient proof, noting that the evidence weighed against a finding of POTS. The public decision does not describe the specific mechanism of causation, onset symptoms, medical tests, or treatments. The case was dismissed with prejudice for insufficient proof, with judgment to be entered accordingly. Attorneys were Andrew D. Downing for petitioners and Mallori B. Openchowski for respondent. Decision date was September 15, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00583-1
Date issued/filed: 2020-09-15
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 08/19/2020) regarding 110 DECISION of Special Master. Signed by Special Master Christian J. Moran. (hh) Service on parties made.
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Case 1:17-vv-00583-UNJ Document 116 Filed 09/15/20 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CAROLYN and STEPHEN WALL, *
on behalf of their minor child, G.W., *
* No. 17-583V
Petitioners, * Special Master Christian J. Moran
*
v. *
* Filed: August 19, 2020
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Entitlement; dismissal.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioners;
Mallori B. Openchowski, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Carolyn and Stephen Wall alleged that the human papillomavirus (“HPV”)
their child, G.W., received on September 25, 2015, caused her to develop postural
tachycardia syndrome (“POTS”), which was then worsened by the influenza
(“flu”) vaccination she received on December 28, 2015. Pet., filed May 1, 2017, at
Preamble; ¶¶ 23, 27. On July 29, 2020, Mr. and Mrs. Wall moved for a decision
dismissing their petition.
I. Procedural History
Carolyn and Stephen Wall (“petitioners”) filed a petition on behalf of their
child, G.W., on May 1, 2017. After petitioners filed their initial medical records,
1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). Pursuant to Vaccine Rule 18(b), the parties have 14 days to
file a motion proposing redaction of medical information or other information described in 42
U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the
document posted on the website.

Case 1:17-vv-00583-UNJ Document 116 Filed 09/15/20 Page 2 of 3
the Secretary filed his Rule 4(c) report on August 24, 2017, contesting entitlement.
A status conference was then held on August 31, 2017, during which an onset
dispute was identified. Petitioners were then ordered to file an onset affidavit, as
well as additional medical and school records.
After additional records were filed, petitioners filed expert reports
supporting their claim from Dr. Miglis and Dr. Steinman. In response, the
Secretary filed expert reports from Dr. Boris and Dr. MacGinnitie. Petitioner then
filed a statement from G.W.’s treating physician, Dr. Luther, and a supplemental
expert report from Dr. Miglis. The expert report phase of the case concluded with
supplemental expert reports from Dr. Boris and Dr. MacGinnitie filed by the
Secretary.
The undersigned then issued an order for briefs in advance of potential
adjudication on June 11, 2020, which was then reviewed in a status conference
held on June 30, 2020. On July 29, 2020, petitioners moved for a decision
dismissing their petition, stating that, in light of litigation currently being initiated
against Merck involving injuries to Gardasil vaccine recipients, petitioners “wish
to pursue a third party action in district court against Merck directly.” Pet’rs’ Mot.,
filed July 29, 2020, ¶ 3. Petitioners add that “[t]his choice should not be viewed in
any way that Petitioners do not believe in the merits of their claim,” but that they
wish to have a judgment entered against them so that they may pursue a separate
civil action. Id. The Secretary did not file a response to this motion. This matter
is now ready for adjudication.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (hereinafter “the Program”), a petitioner must prove either 1) that the
vaccinee suffered a “Table Injury” – i.e., an injury falling within the Vaccine
Injury Table – corresponding to one of the vaccinations, or 2) that the vaccinee
suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A)
and 300aa-11(c)(1). Under the Act, a petitioner may not be given a Program award
based solely on the petitioner’s claims alone. Rather, the petition must be
supported by either medical records or by the opinion of a competent physician.
§ 300aa-13(a)(1).
In this case, petitioners filed medical records and expert reports in support of
their claim, but nonetheless, wish to have their claim dismissed and judgment
entered against them. Though petitioners filed this motion pursuant to 42 U.S.C.
2

Case 1:17-vv-00583-UNJ Document 116 Filed 09/15/20 Page 3 of 3
§ 300aa—21(a) (regarding voluntary dismissal), the undersigned will construe this
as a motion filed pursuant to 42 U.S.C. § 300aa—21(b) (regarding involuntary
dismissal), given petitioners’ clear intent that a judgment issue in this case,
protecting their right to file a civil action in the future. See Pet’rs’ Mot., filed July
29, 2020, ¶ 4.
To conform to section 12(d)(3), a decision must “include findings of fact and
conclusions of law.” Here, although the parties were in the process of presenting
arguments, the evidence weighs against a finding that G.W. suffered from POTS.
Without a showing that the vaccinee suffered the injury that the vaccine allegedly
caused, the remainder of the case becomes moot. See Broekelschen v. Sec’y of
Health and Human Servs., 618 F.3d 1339, 1346 (Fed. Cir. 2010). Accordingly, the
undersigned is not required to evaluate whether the HPV vaccine can cause POTS.
Thus, the Motion for Decision is GRANTED and this case is
DISMISSED WITH PREJUDICE for insufficient proof. The Clerk shall
enter judgment accordingly. See Vaccine Rule 21(b).
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2