Catherine Grace Boss v. HHS - HPV, neurocardiogenic syncope, fatigue, chronic autoimmune demyelinating illness, shortness of breath, hypotension, dysautonomia, postural orthostatic tachycardia syndrome (POTS), headache, migraines, neck pain, back pain, abdominal pain, pain disorder (2022)
Case summary [AI summaries can sometimes make mistakes]
Catherine Grace Boss filed a petition alleging that she suffered injuries including neurocardiogenic syncope, fatigue, chronic autoimmune demyelinating illness, shortness of breath, hypotension, dysautonomia, postural orthostatic tachycardia syndrome (POTS), headache, migraines, neck pain, back pain, abdominal pain, and pain disorder as a result of her December 12, 2016 Human Papillomavirus (HPV) and Influenza (flu) vaccinations. The case progressed through various procedural steps, including the filing of medical records and expert reports by the petitioner.
Respondent requested additional medical records and indicated these were necessary for their review. The petitioner was unable to obtain further records requested by respondent.
During a Rule 5 conference, the Special Master indicated that the evidentiary record likely did not weigh in favor of the petitioner's claim and agreed with respondent that disclosure from petitioner's psychiatrist would be necessary. In response, the petitioner filed a status report indicating her intent to withdraw from the program and subsequently filed a motion for a decision dismissing her petition.
The Special Master granted the motion, dismissing the petition with prejudice for insufficient proof, noting that no Table Injury was alleged and the record did not contain preponderant evidence indicating the injury was vaccine-caused. The decision also referenced prior cases rejecting causal theories linking the HPV vaccine to POTS and autonomic nervous system dysfunction.
Source PDFs
USCOURTS-cofc-1_19-vv-01881