Tristen Horton v. HHS - HPV, aplastic anemia (2021)

On February 15, 2019, Tristen Horton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from aplastic anemia due to a human papillomavirus (HPV) vaccine administered on September 20, 2017. The respondent, the Secretary of Health and Human Services, filed a report on February 13, 2020, recommending against compensation.

The parties subsequently exchanged expert reports. On September 9, 2021, Tristen Horton filed a motion to dismiss his petition, stating a desire to opt out of the Vaccine Program to pursue a third-party action directly against Merck in district court.

Horton indicated that this decision was not a reflection on the merits of his claim or a belief that his injuries were not vaccine-related, but rather a strategic choice. He also noted that, given the course of similar HPV vaccine cases within the Program, he did not anticipate prevailing on the merits.

The petitioner stated that he needed a judgment from the Vaccine Program to formally reject it and submit his election to opt out. The respondent did not take a position on the motion.

Special Master Herbrina Sanders reviewed the case and found no evidence that the petitioner suffered a "Table Injury" listed in the Vaccine Injury Table. The public decision does not describe the specific symptoms, onset, medical tests, or treatments related to the alleged aplastic anemia.

Furthermore, the record did not demonstrate entitlement to an award by a preponderance of the evidence based on causation in fact. In light of the petitioner's motion for dismissal, further review of the record was deemed unnecessary.

Consequently, the Special Master dismissed the case, and judgment was entered accordingly. The public decision does not name the petitioner's counsel or the respondent's counsel, nor does it detail any specific expert reports or their findings.