M.M.R. v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2022)

Filed 2019-12-13Decided 2022-04-25Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

On December 13, 2019, Diane Roeder, on behalf of M.M.R., filed a petition in the National Vaccine Injury Compensation Program. The petition alleged that M.M.R. suffered from postural orthostatic tachycardia syndrome (POTS), among other injuries, as a result of receiving the human papillomavirus (HPV) vaccine on May 14, 2015, August 17, 2016, and December 15, 2016.

Petitioner submitted medical records and two expert reports. The respondent filed a report recommending against compensation and expert reports from Dr.

MacGinnitie and Dr. Olshansky.

Following a status conference on January 13, 2022, the petitioner stated a choice to leave the program following entry of judgment and then file an election to reject the judgment to pursue a civil action for damages. The Special Master noted that a petitioner must establish entitlement to compensation either by proving a "Table injury" or by establishing that the vaccine actually caused the onset or significant aggravation of a condition.

The public decision does not describe the specific medical theory, logical sequence of cause and effect, or medically acceptable temporal relationship presented by the petitioner. The Special Master found no evidence that M.M.R. suffered a Table injury and insufficient evidence presented at that time to justify an award.

In light of the petitioner's status report requesting a decision dismissing her petition, the Special Master determined that further investigation was unwarranted. The petition was dismissed for insufficient proof.

The decision was issued by Special Master Thomas L. Gowen on April 25, 2022.

Petitioner's counsel was Paul A. Green.

Respondent's counsel was Parisa Tabassian.

Theory of causation

Petitioner M.M.R., represented by Diane Roeder and counsel Paul A. Green, alleged that HPV vaccinations on May 14, 2015, August 17, 2016, and December 15, 2016, caused postural orthostatic tachycardia syndrome (POTS). The respondent, represented by Parisa Tabassian, filed a report recommending against compensation and submitted expert reports from Dr. MacGinnitie and Dr. Olshansky. The petitioner submitted medical records and two expert reports. The public decision does not detail the petitioner's specific medical theory, the logical sequence of cause and effect, or the medically acceptable temporal relationship presented. The Special Master Thomas L. Gowen found no evidence of a Table injury and insufficient evidence to justify an award. The petitioner elected to leave the program to pursue a civil action. The petition was dismissed for insufficient proof on April 25, 2022.

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