M.M.R. v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2022)
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 March 22, 2022.
Petitioner's counsel was Paul A. Green.
Respondent's counsel was Parisa Tabassian.
Source PDFs
USCOURTS-cofc-1_19-vv-01897