K.B. v. HHS - HPV, postural orthostatic tachycardia syndrome and neuropathic pain symptoms (2021)

Evonne Callaghan, on behalf of her minor daughter K.B., filed a claim under the National Childhood Vaccine Injury Act on July 17, 2019. Petitioner alleged that K.B. suffered from postural orthostatic tachycardia syndrome (POTS) and neuropathic pain symptoms as a result of her June 28, 2018 Human Papilloma Virus (HPV) and Hepatitis A vaccinations.

Respondent filed a Rule 4 report recommending against compensation. Following a review of expert reports and a Rule 5 conference, the Special Master noted that existing literature did not support a causal link between the HPV vaccine and POTS, and that petitioner's expert, Dr.

Henrickson, was not raising a novel theory of causation. Petitioner's counsel requested time to confer with their client.

On August 3, 2021, petitioner filed a Motion for a Decision Dismissing her Petition, stating that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation and that further proceedings would be unreasonable. The Special Master granted the motion, dismissing the petition for failure to establish a prima facie case of entitlement, as neither K.B.'s medical records nor the expert reports supported the allegations by a preponderance of the evidence, and respondent's expert reports rebutted the claim.

Judgment was entered dismissing the petition. The public decision does not describe the specific onset of symptoms, diagnostic tests performed, treatments received, or the names of the respondent's experts.

Petitioner's counsel was Anthony James Bucher of Gatlin Voelker, PLLC, and respondent's counsel was Ida Nassar of the U.S. Department of Justice.

Special Master Daniel T. Horner issued the decision.