Amy J. Pennell v. HHS - HPV, Postural tachycardia syndrome (“POTS”), and small fiber neuropathy (2021)

On March 6, 2020, Amy J. Pennell, as guardian of minor M.L.P., filed a petition for compensation under the National Vaccine Injury Compensation Program.

The petition alleged that M.L.P. suffered from Postural Tachycardia Syndrome (POTS) and small fiber neuropathy as a result of receiving the Gardasil vaccine on March 8, 2017. Supporting medical records were filed with the initial petition.

On October 6, 2021, the petitioner filed a motion to dismiss her own petition, stating her intention to opt out of the Vaccine Program to pursue a third-party action directly against Merck, the vaccine manufacturer. The petitioner clarified that this decision was a strategic choice and did not reflect a lack of belief in the merits of her claim or M.L.P.'s injuries.

She understood that a dismissal would result in a judgment against her, ending her rights within the Vaccine Program, and that she intended to reject this judgment to file a civil action. The Special Master noted that the petitioner had not presented evidence of a Table Injury and that insufficient evidence had been presented to justify an award at that time.

Given the petitioner's request to dismiss the case to pursue other legal avenues, the Special Master granted the motion. The case was dismissed for insufficient proof, and judgment was entered accordingly.

The public decision does not describe the onset of symptoms, specific medical tests performed, treatments received, or the mechanism of injury. Petitioner's counsel was Andrew D.

Downing of Van Cott & Talamante, PLLC. Respondent's counsel was Camille M.

Collett of the U.S. Department of Justice.

Special Master Thomas L. Gowen issued the decision.