VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02013
Package ID: USCOURTS-cofc-1_21-vv-02013
Petitioner: Maryah Bethel
Filed: 2021-10-13
Decided: 2022-12-14
Vaccine: HPV
Vaccination date: 2018-11-16
Condition: fibromyalgia
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Maryah Bethel filed a petition alleging that she developed fibromyalgia as a result of receiving a human papillomavirus (HPV) vaccine on November 16, 2018. She initially filed her petition on October 13, 2021. After filing, she submitted some medical records and a statement of completion. Later, she filed a notice of intent to withdraw her petition, which was denied as untimely. Subsequently, on August 29, 2022, Maryah Bethel filed a motion to dismiss her petition, stating her desire to opt out of the Vaccine Program to pursue a third-party action against the vaccine manufacturer directly. She admitted she did not believe she could prove entitlement to compensation within the program. The court noted that to receive compensation, a petitioner must prove either a Table injury or an off-Table injury actually caused by a vaccine, supported by medical records or a physician's opinion. For off-Table claims, the petitioner must satisfy the three Althen prongs: a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship. The court found that Maryah Bethel had not submitted sufficient evidence, such as an expert report, to establish the Althen prongs. Consequently, the Chief Special Master granted her motion, and the case was dismissed for insufficient proof.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02013-0
Date issued/filed: 2022-12-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/18/2022) regarding 16 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:21-vv-02013-UNJ Document 22 Filed 12/14/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2013V
UNPUBLISHED
MARYAH BETHEL,
Chief Special Master Corcoran
Petitioner,
v. Filed: November 18, 2022
SECRETARY OF HEALTH AND Motion for decision; Dismissal;
HUMAN SERVICES, Human papillomavirus (“HPV”)
vaccine; fibromyalgia
Respondent.
Andrew D. Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 13, 2021, Maryah Bethel filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34,2
(the “Vaccine Act”). Petitioner alleged that she developed fibromyalgia from a human
papillomavirus (“HPV”) vaccine she received on November 16, 2018. ECF No. 1.
On August 29, 2022, Petitioner filed a motion for a decision dismissing the
petition. ECF No. 15. For the reasons set forth below, Petitioner’s motion is GRANTED,
and this case is DISMISSED.
Petitioner only filed a declaration with the petition. The PAR Initial Order required
Petitioner to file additional statutorily required documents. ECF No. 5. On October 25,
2021, Petitioner filed some medical records. ECF No. 6. Petitioner filed a Statement of
Completion on December 9, 2021. ECF No. 10.
On July 17, 2022, Petitioner filed a notice of intent to withdraw the petition. ECF
No. 13. Petitioner’s request to withdraw her petition was denied because it was untimely
filed. ECF No. 14.
1 Although I have not formally designated this Decision for publication, I am required to post it on the United
States Court of Federal Claims' website because it contains a reasoned explanation for the action in this
case, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). This means the Decision will be
available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has
14 days to identify and move to redact medical or other information, the disclosure of which would constitute
an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this
definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-02013-UNJ Document 22 Filed 12/14/22 Page 2 of 2
On August 29, 2022, Petitioner filed a motion for a decision dismissing the
petition stating that:
[She] has made the choice that she would like to opt out of the Vaccine Program
in advance of a Court ruling on entitlement. She wishes to pursue a third-party
action in district court against Merck directly. This choice should not be viewed in
any way that Petitioner does not believe in the merits of her claim or that her
injuries are not a result of Gardasil.
ECF No. 15 at 1-2. However, Petitioner admitted that she “does not believe she will be
able to prove that she is entitled to compensation in the Vaccine Program.” Id. at 2.
To receive compensation under the National Vaccine Injury Compensation
Program, a petitioner must prove either 1) that the vaccinee suffered a “Table Injury” –
i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the listed
vaccines, or 2) that the vaccinee suffered an injury not on the Table that was actually
caused by a listed vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Petitioner alleged
a non-Table claim, i.e., that her fibromyalgia was actually caused by the HPV
vaccination.
Under the Vaccine Act, a petitioner may not receive compensation based solely
on the petitioner’s claims alone. Rather, the petition must be supported by either
medical records or by the opinion of a competent physician. § 300aa—13(a)(1). For a
non-Table claim, a petitioner must satisfy all three of the elements established by the
Federal Circuit in Althen v. Sec’y of Health & Hum. Servs., 418 F.3d 1274, 1278 (2005):
“(1) a medical theory causally connecting the vaccination and the injury; (2) a logical
sequence of cause and effect showing that the vaccination was the reason for the
injury; and (3) a showing of proximate temporal relationship between vaccination and
injury.”
Petitioner has not submitted sufficient evidence to establish the Althen prongs,
such as an expert report proposing a medical theory. Moreover, Petitioner admitted in
her motion for a decision that she will not be able to establish entitlement to
compensation.
Thus, Petitioner has failed to establish entitlement to compensation in the Vaccine
Program. This case is dismissed for insufficient proof. The clerk shall enter
judgment accordingly.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 If Petitioner wishes to bring a civil action, she must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
2