Aaron Miller v. HHS - HPV, idiopathic hypersomnia, prolonged general fatigue, and autonomic dysfunction (2020)
Case summary [AI summaries can sometimes make mistakes]
On October 10, 2017, Deborah Miller, on behalf of her minor child Aaron Miller (A.M.), filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the human papillomavirus (HPV) vaccines administered to A.M. on November 23, 2015, and February 8, 2016, caused him to develop idiopathic hypersomnia, prolonged general fatigue, and autonomic dysfunction.
The case caption was later amended in 2018 when A.M. turned 18, with Aaron Miller becoming the Petitioner. Throughout the proceedings, the Petitioner submitted medical records, witness affidavits, expert reports, and supporting medical literature.
On October 20, 2020, the Petitioner filed a motion to dismiss his own petition, stating a desire to opt out of the Vaccine Program and pursue a third-party action against the vaccine manufacturer. The respondent did not object to the dismissal but provided an analysis arguing that the Petitioner had not established his claimed conditions, particularly idiopathic hypersomnia, and that even if he had, he could not prove causation.
The Petitioner's expert, Dr. Mitchell Miglis, opined that the HPV vaccinations likely caused A.M. to develop idiopathic hypersomnia, relying in part on VAERS data.
However, Dr. Miglis conceded that diagnostic testing did not meet the criteria for idiopathic hypersomnia.
Respondent's expert, Dr. Kiran Maski, challenged the diagnosis of idiopathic hypersomnia, noting that objective sleep studies did not confirm the condition.
The Chief Special Master, Brian H. Corcoran, granted the Petitioner's motion to dismiss.
The Special Master found that the Petitioner had not established his claim by a preponderance of the evidence, citing a lack of sufficient reliable scientific and medical evidence to support the causation theory. The decision noted that there were no published case series linking the HPV vaccine to idiopathic hypersomnia and that Dr.
Miglis's reliance on VAERS data and temporal association was insufficient to meet the program's burden of proof. The petition was dismissed with prejudice.
Petitioner was represented by Andrew D. Downing, and Respondent was represented by Amanda Pasciuto.
Theory of causation
Petitioner Aaron Miller alleged that HPV vaccines administered on November 23, 2015, and February 8, 2016, caused idiopathic hypersomnia (IH), prolonged general fatigue, and autonomic dysfunction. Petitioner's expert, Dr. Mitchell Miglis, opined that the HPV vaccine likely caused IH, citing VAERS data and a possible immune etiology, but conceded that diagnostic testing did not meet IH criteria and that there were no published case series linking the HPV vaccine to IH. Respondent's expert, Dr. Kiran Maski, stated that objective sleep studies did not confirm IH. Chief Special Master Brian H. Corcoran found that Petitioner failed to establish his claim by a preponderance of the evidence, noting the lack of reliable scientific/medical evidence, insufficient proof of injury, and that reliance on VAERS data and temporal association was insufficient. The petition was dismissed with prejudice on November 5, 2020. Petitioner was represented by Andrew D. Downing, and Respondent by Amanda Pasciuto.
Source PDFs
USCOURTS-cofc-1_17-vv-01476