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

Tanja and Scott Wagner, on behalf of their minor child S.W., filed a claim on February 1, 2019, alleging that S.W. suffered from postural orthostatic tachycardia syndrome (POTS) as a result of her third Gardasil Human Papillomavirus (HPV) vaccination administered on February 1, 2016. The case was initially assigned to Special Master Oler and later reassigned to Special Master Daniel T.

Horner. Petitioners filed supportive medical records and a Statement of Completion.

Respondent requested additional medical records. Petitioners subsequently filed an expert report from Dr.

Mitchell Miglis. On September 28, 2020, petitioners filed a motion to dismiss their petition, stating their desire to opt out of the Vaccine Program to pursue an action against Merck directly in district court.

Petitioners acknowledged that this dismissal would be an adjudication on the merits and would end their rights in the Vaccine Program. Respondent requested dismissal with prejudice.

Special Master Horner noted that petitioners had not alleged a "Table Injury" and that the record did not contain preponderant evidence indicating the injury was vaccine-caused. The Special Master also noted that prior decisions had rejected causal theories linking the HPV vaccine to POTS, referencing cases such as Johnson v.

Sec’y of Health & Human Servs., Combs v. Sec’y of Health & Human Servs., L.A.M. v.

Sec’y of Health & Human Servs., and Turkopolis v. Sec’y of Health & Human Servs.

The Special Master also noted that Dr. Miglis, who provided an opinion in this case, had his theory found unpersuasive in Balasco v.

Secretary of Health & Human Services. Consequently, Special Master Horner granted the petitioners' motion to dismiss, dismissing the petition with prejudice for insufficient proof.

The clerk of the court was directed to enter judgment.