Sierra White v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On August 16, 2023, Sierra White filed a petition on behalf of her minor child, K.W., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that K.W. developed postural orthostatic tachycardia syndrome (POTS) as a result of receiving a human papillomavirus (HPV) vaccine on October 21, 2020.
The respondent is the Secretary of Health and Human Services. Petitioner initially did not submit supporting documentation but later filed medical records and a statement of completion.
On May 21, 2024, Petitioner filed a motion to dismiss the petition, stating that she did not believe she could prove entitlement to compensation. The Special Master noted that to receive compensation, a petitioner must prove either an "on-Table" injury or an "off-Table" injury that was actually caused by the vaccine.
For "off-Table" injuries, the petitioner must satisfy the three prongs established in Althen v. Sec’y of Health & Hum.
Servs., which require a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship. The Special Master found that the petitioner had not submitted sufficient evidence, such as an expert report, to establish these prongs.
Furthermore, the petitioner admitted she could not establish entitlement. Consequently, the case was dismissed for insufficient proof, and judgment was entered against the petitioner on behalf of K.W.
The decision was issued by Chief Special Master Brian H. Corcoran.
Theory of causation
Petitioner alleged an off-Table injury, specifically postural orthostatic tachycardia syndrome (POTS), allegedly caused by the HPV vaccine administered on October 21, 2020, on behalf of minor K.W. The petition was filed on August 16, 2023. Petitioner later moved to dismiss the case, admitting she could not prove entitlement to compensation. The Special Master noted that for an off-Table injury, petitioners must satisfy the three prongs established in Althen v. Sec’y of Health & Hum. Servs.: (1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause and effect showing the vaccination was the reason for the injury; and (3) a proximate temporal relationship between vaccination and injury. The public decision does not describe the specific medical theory, expert opinions, or detailed clinical findings presented or lacking. The Special Master found that Petitioner had not submitted sufficient evidence, such as an expert report, to establish the Althen prongs. The case was dismissed for insufficient proof. Chief Special Master Brian H. Corcoran issued the decision on June 25, 2024. Petitioner's counsel was Michelle Greene of Lanier Law Firm, PLLC. Respondent's counsel was Heather L. Pearlman of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_23-vv-01321