K.B.H. v. HHS - HPV, dysautonomia, postural orthostatic tachycardia syndrome (POTS), essential tremor, encephalopathy, syncope, whole-body convulsions, sleep disorder, restless leg syndrome, loss of appetite, headaches, and pain and dysfunction in her lower extremities (2022)

K.B.H. filed a petition on November 6, 2017, alleging that she suffered adverse effects, including dysautonomia, POTS, essential tremor, encephalopathy, syncope, whole-body convulsions, sleep disorder, restless leg syndrome, loss of appetite, headaches, and pain in her lower extremities, following Gardasil HPV vaccinations received on November 7, 2014, January 9, 2015, and June 10, 2015. The parties exchanged expert reports, with Respondent's expert, Dr.

Cook, opining that the petitioner's proposed theory was untested and that she did not meet the diagnostic criteria for POTS, also noting diagnoses of conversion disorder. After extensive expert report filings and status reports indicating the petitioner's intent to pursue a third-party action against Merck, K.B.H. filed a motion to dismiss her petition in the Vaccine Program.

She stated this was to allow her to opt out of the program and pursue a direct action in district court, and that this choice did not reflect a belief that her injuries were not vaccine-related. Respondent did not object to the dismissal.

The Special Master granted the motion, dismissing the petition due to insufficient evidence to meet the petitioner's burden of proof, as required by the Vaccine Act.