Maria Kabayan v. HHS - HPV, Pemphigus Vulgaris (2023)

Maria Kabayan filed a petition on March 15, 2022, alleging that she suffered from Pemphigus Vulgaris as a result of receiving the human papillomavirus vaccine on May 20, 2019. The respondent, the Secretary of Health and Human Services, filed a report recommending that compensation was not appropriate.

The petitioner was given a deadline to submit an expert report but instead filed a motion to dismiss her own claim. She stated that after investigating the facts and science, she determined she could not prove entitlement to compensation and that proceeding further would be unreasonable.

The petitioner acknowledged that a dismissal would result in a judgment against her and would end her rights in the Vaccine Program, and she expressed a desire to file a civil action in the future. The Chief Special Master noted that dismissal at this stage is not uncommon and, in accordance with the petitioner's request, dismissed the case.

The Clerk of the Court was ordered to enter judgment in accordance with the decision, as no motion for review was filed.