Morgan Magyar v. HHS - HPV, abdominal migraines, cyclic vomiting syndrome, postural tachycardia syndrome (POTS), and dysautonomia (2022)
Case summary [AI summaries can sometimes make mistakes]
Morgan Magyar filed a petition alleging that the human papillomavirus (HPV), hepatitis A, MCV 4, and meningitis B vaccinations she received on August 10, 2016, and August 22, 2016, significantly aggravated her abdominal migraines, cyclic vomiting syndrome, postural tachycardia syndrome (POTS), and dysautonomia. The Secretary contested entitlement and challenged the diagnosis.
Over the course of the proceedings, Ms. Magyar struggled to find an expert witness to support her claim, with potential experts indicating they could not opine on the case or lacked the necessary qualifications.
After multiple status conferences and orders to file expert reports, Ms. Magyar filed a status report on February 14, 2022, stating she chose to leave the Vaccine Program and requested an entry of judgment.
The court noted that Ms. Magyar had not established with preponderant evidence that she suffered from a particular disease and had not retained an expert to support her claim of vaccine causation.
Consequently, the case was dismissed with prejudice for insufficient proof.
Source PDFs
USCOURTS-cofc-1_19-vv-01144