R.K. v. HHS - Influenza, Postural Orthostatic Tachycardia syndrome (POTS), autonomic dysfunction, large fiber demyelinating neuropathy, small fiber neuropathy, emotional distress, and other injuries (2022)
Case summary [AI summaries can sometimes make mistakes]
On December 20, 2019, Sorah and Nathan Kline, parents of R.K., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that their child, R.K., suffered Postural Orthostatic Tachycardia syndrome (POTS), autonomic dysfunction, large fiber demyelinating neuropathy, small fiber neuropathy, emotional distress, and other injuries as a result of receiving the Gardasil human papillomavirus (HPV) and quadrivalent influenza (Flu) vaccines on December 21, 2016.
The petition was filed by R.K.'s parents on behalf of their minor child. The respondent was the Secretary of Health and Human Services.
Over time, the petitioners repeatedly requested extensions to file the necessary medical records and supporting documentation. Eventually, the petitioners indicated they no longer wished to proceed with the case, stating that continuing would not be in R.K.'s best interest and that they would not be able to establish entitlement to compensation.
Consequently, the petitioners filed a motion for a decision dismissing their own petition. Chief Special Master Brian H.
Corcoran granted the motion. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments.
The theory of causation was not established. The Special Master noted that the record did not disclose any evidence that R.K. suffered a "Table Injury" and that no medical records or medical opinions were filed to support the claim.
Petitioners admitted they would not be able to establish entitlement to compensation. The case was dismissed for insufficient proof, and no award was granted.
The attorneys involved were Robert J. Krakow for the Petitioners and Heather L.
Pearlman for the Respondent. The decision date was February 11, 2022.
Source PDFs
USCOURTS-cofc-1_19-vv-01936