A.B. v. HHS - HPV, chronic headaches, Postural Orthostatic Tachycardia Syndrome (“POTS”), and mast cell disease (2022)

On May 19, 2020, Jennifer Bancroft, on behalf of A.B., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.B. suffered from chronic headaches, Postural Orthostatic Tachycardia Syndrome (POTS), and mast cell disease as a result of receiving the human papillomavirus vaccine (HPV, also referred to as Gardasil) on August 23, 2017.

The petition also alleged that these conditions were either caused-in-fact by the vaccination or significantly aggravated by it. The respondent, the Secretary of Health and Human Services, reviewed the case and opined that it was not appropriate for compensation.

The petitioner filed initial medical records on July 31, 2020. After the case was reassigned to Special Master Thomas L.

Gowen on September 8, 2021, the respondent filed a status report on December 13, 2021, indicating an intent to defend the case and proposing deadlines for a Rule 4(c) report. The respondent submitted this report on January 12, 2022, stating their conclusion that the case was not appropriate for compensation.

On the same day, Special Master Gowen ordered the petitioner to file an expert report and remaining medical records. The petitioner filed one updated medical record on February 11, 2022, and subsequently filed four unopposed motions for extensions of time to file an expert report.

On November 14, 2022, the petitioner filed a motion to dismiss her own petition, acknowledging that this would result in a judgment against her and end her rights in the Vaccine Program. The petitioner stated her intention to reject the program judgment and file a civil action in the future.

To receive compensation, petitioners must prove either a Table Injury or that the vaccine caused the injury in fact, which requires a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship. The petitioner did not allege a Table Injury and did not offer an opinion from a medical expert to support vaccine causation.

The public decision does not describe the specific onset or symptoms of A.B.'s alleged conditions, nor does it detail any specific medical tests or treatments. The public decision does not name petitioner's counsel or respondent's counsel.

Therefore, the Special Master found the information in the record insufficient to justify an award of compensation. In light of the petitioner's motion, the petition was dismissed.

Special Master Thomas L. Gowen granted the petitioner's motion for a decision dismissing the petition and ordered that judgment be entered accordingly.