G.B. v. HHS - HPV, Postural tachycardia syndrome (POTS) (2021)

Amber Bob, on behalf of her minor child G.B., filed a petition on July 30, 2020, alleging that G.B. suffered from Postural Tachycardia Syndrome (POTS) as a result of receiving the Gardasil vaccine on August 3, 2017, and March 5, 2018. The petitioner filed supporting medical records on October 1, 2020.

On July 24, 2021, the petitioner filed a motion to dismiss her petition, stating her intention to opt out of the Vaccine Program to pursue a third-party action directly against Merck. The petitioner clarified that this decision was not based on a belief in the lack of merit of her claim or that G.B.'s injuries were not vaccine-related, but rather a need to reject a Vaccine Program judgment to enable her election to opt out.

The respondent had no objection to the motion. The Special Master noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine actually caused the injury.

The public decision does not describe the specific onset or symptoms of G.B.'s alleged POTS, nor does it detail any specific medical tests or treatments. The record did not contain evidence of a Table Injury, and insufficient evidence was presented to justify an award at that time.

Given the petitioner's motion for dismissal, further investigation was deemed unwarranted. Consequently, the petition was dismissed for insufficient proof, and judgment was entered accordingly.

Special Master Thomas L. Gowen issued the decision on September 1, 2021.

Petitioner's counsel was Andrew D. Downing, and respondent's counsel was Voris E.

Johnson.