Mackenzie Summers v. HHS - HPV, Postural Orthostatic Tachycardia Syndrome (POTS) (2021)

Mackenzie Summers filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2020, alleging that she developed Postural Orthostatic Tachycardia Syndrome (POTS) from a human papillomavirus (HPV) vaccine she received on September 13, 2017. Ms.

Summers did not file any medical records or supporting documentation with her petition, despite receiving nine extensions of time to do so. On July 28, 2021, Ms.

Summers filed a motion to dismiss her own petition, stating she wished to pursue a third-party action against the vaccine manufacturer directly and believed she would be unable to prove her entitlement to compensation in the Vaccine Program. The court noted that to receive compensation, a petitioner must prove either a Table injury or that the vaccine actually caused the injury, satisfying the three Althen prongs for off-Table claims.

Ms. Summers failed to submit the statutorily required medical records and admitted she could not establish entitlement.

Consequently, the Chief Special Master granted her motion, dismissing the case for insufficient proof. Ms.

Summers was informed that she must file a notice of election within 90 days of the final judgment if she wished to bring a civil action.