Victoria Trevisan v. HHS - HPV, Mononucleosis, Postural Orthostatic Tachychardia Syndrome, Fibromyalgia, Chronic Fatigue Syndrome/Myalgic Encephalomyelitis, Anxiety and Panic Disorder, Gastroparesis, Vitamin D Deficiency, Hashimoto’s Disease, Lyme Disease, Ulcerative Colitis, and Mast Cell Activation Syndrome (2020)

Victoria Trevisan, the petitioner, filed a petition for compensation under the National Vaccine Injury Compensation Program on June 17, 2019. She alleged that the human papillomavirus (HPV) vaccination she received on July 12, 2016, caused her to suffer from Mononucleosis, Postural Orthostatic Tachycardia Syndrome (POTS), Fibromyalgia, Chronic Fatigue Syndrome/Myalgic Encephalomyelitis (CFS/ME), Anxiety and Panic Disorder, Gastroparesis, Vitamin D Deficiency, Hashimoto’s Disease, Lyme Disease, Ulcerative Colitis, and Mast Cell Activation Syndrome (MCAS).

The petition was initially filed by her father on her behalf, and she was recognized as the petitioner upon reaching the age of majority on July 13, 2020. The respondent, the Secretary of Health and Human Services, filed a report recommending against compensation, arguing that the petitioner failed to establish entitlement.

The petitioner's expert, Dr. Mitchell Gordon Miglis, opined that the HPV vaccination caused her autonomic dysfunction.

However, Special Master Nora Beth Dorsey found that the expert report and medical records failed to establish a causal link by a preponderance of the evidence, citing numerous prior decisions rejecting similar theories. On November 18, 2020, the petitioner filed a motion to dismiss her case, stating her desire to opt out of the Vaccine Program to pursue a third-party action against the vaccine manufacturer, Merck.

The petitioner acknowledged that a decision by the Special Master would result in a judgment against her, ending her rights under the Vaccine Act, but she intended to protect her right to file a civil action. The respondent agreed that the petition should be dismissed.

After reviewing the medical records, the expert report, and all information in the record, Special Master Dorsey concluded that the petitioner failed to establish that she sustained a vaccine-related injury by preponderant evidence. Consequently, the Special Master dismissed the case, finding the petitioner not entitled to compensation.

The Clerk was ordered to enter judgment accordingly. Petitioner’s counsel was Andrew D.

Downing of Van Cott & Talamante, PLLC. Respondent’s counsel was Alexis B.

Babcock of the United States Department of Justice. The decision was issued on November 25, 2020.