Jessica Raymer v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS), chronic fatigue syndrome, median arcuate ligament syndrome (MALS), and joint hypermobility (2020)

Jessica Raymer, a minor at the time of filing, through her mother Lynann Raymer, filed a petition for compensation under the National Vaccine Injury Compensation Program on June 5, 2018. The petition alleged that a human papillomavirus (HPV) vaccination administered on June 22, 2015, resulted in postural orthostatic tachycardia syndrome (POTS), chronic fatigue syndrome, median arcuate ligament syndrome (MALS), and joint hypermobility.

Jessica Raymer reached the age of majority on September 9, 2018, and was substituted as the petitioner. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

On July 3, 2020, Jessica Raymer moved to dismiss her petition, stating her intention to opt out of the Vaccine Program to pursue a third-party action directly against the vaccine manufacturer, Merck, in district court. She understood that this dismissal would result in a judgment against her and terminate her rights under the Vaccine Act.

Special Master Nora Beth Dorsey reviewed the record and the petitioner's motion. The Special Master found that the petitioner did not meet the statutory requirements for entitlement to compensation, as explained in Black v.

Sec'y of Health & Human Servs., which established that eligibility requirements are threshold criteria for seeking entry into the compensation program. Consequently, Special Master Dorsey dismissed the case, and judgment was entered accordingly.

The public decision does not name petitioner's counsel or respondent's counsel, nor does it detail any expert testimony or specific clinical findings that led to the dismissal beyond the petitioner's stated intent to pursue a third-party action.