VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01153
Package ID: USCOURTS-cofc-1_21-vv-01153
Petitioner: Madelyn Malloy
Filed: 2021-12-29
Decided: 2022-01-25
Vaccine: HPV
Vaccination date: 2018-06-26
Condition: postural orthostatic tachycardia syndrome, new food sensitivities, and autonomic dysfunction
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Madelyn Malloy filed a petition alleging that the HPV vaccine she received on June 26, 2018, August 17, 2018, and December 20, 2018, caused her to develop postural orthostatic tachycardia syndrome (POTS), new food sensitivities, and autonomic dysfunction. The petition was filed on December 29, 2021. As a decision had not been issued within the time specified by Vaccine Rule 10(b), a notice was issued on November 30, 2021, informing Ms. Malloy that she could withdraw her petition or have it remain before the special master. On December 28, 2021, Ms. Malloy filed a notice to withdraw her petition. Her request to withdraw was granted, and the proceedings on the merits were concluded. No judgment on the merits was entered.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01153-0
Date issued/filed: 2022-01-25
Pages: 2
Docket text: PUBLIC ORDER (Originally filed: 12/29/2021) regarding 15 Order Concluding Proceedings. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:21-vv-01153-UNJ Document 17 Filed 01/25/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1153V
Filed: December 29, 2021
* * * * * * * * * * * * * *
MADELYN MALLOY, * UNPUBLISHED
*
* Withdrawal of Petition; Order
Petitioner, * Concluding Proceedings.
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ for petitioner.
Jeremy Fugate, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
ORDER CONCLUDING PROCEEDINGS1
Roth, Special Master:
On April 2, 2021, Madelyn Malloy (“Ms. Malloy” or “petitioner”) filed a petition for
compensation in the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner
alleges that the human papillomavirus (“HPV”) vaccine she received on June 26, 2018, August 17,
2018, and December 20, 2018 caused her to develop postural orthostatic tachycardia syndrome
(“POTS”), new food sensitivities, and autonomic dysfunction. See Petition, ECF No. 1.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the
Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:21-vv-01153-UNJ Document 17 Filed 01/25/22 Page 2 of 2
Because a decision had not been issued within the time specified in Vaccine Rule 10(b), a
notice issued on November 30, 2021, advising that “the petitioner may withdraw the petition under
section 300aa-21(b) of this title or the petitioner may choose under section 300aa-21(b) of this title
to have the petition remain before the special master.” 42 U.S.C. § 300aa-12(g); ECF No. 14. On
December 28, 2021, Petitioner filed a timely notice to withdraw her petition pursuant to 42 U.S.C.
§ 300aa-21(b). ECF No. 14.
In light of petitioner’s election to withdraw the petition pursuant to 42 U.S.C. § 300aa-
21(b) (promulgated as Vaccine Rule 10(d)), petitioner’s request to withdraw the petition is
GRANTED. Accordingly, this order hereby notifies the Clerk of Court that proceedings “on the
merits” of this petition are now concluded, but no judgment “on the merits” should be entered by
the Clerk’s office.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2