VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01321 Package ID: USCOURTS-cofc-1_23-vv-01321 Petitioner: K.W. Filed: 2023-08-16 Decided: 2024-06-25 Vaccine: HPV Vaccination date: 2020-10-21 Condition: postural orthostatic tachycardia syndrome (POTS) Outcome: dismissed Award amount USD: AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01321-0 Date issued/filed: 2024-06-25 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 5/30/2024) regarding 14 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01321-UNJ Document 15 Filed 06/25/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1321V UNPUBLISHED SIERRA WHITE, on behalf of K.W., Chief Special Master Corcoran Petitioner, v. Filed: May 30, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michelle Greene, Lanier Law Firm, PLLC, New York, NY, for Petitioner. Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent. DECISION1 On August 16, 2023, Sierra White filed a petition for compensation on behalf of her minor child, K.W., under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34,2 (the “Vaccine Act”). Petitioner alleged that K.W. developed postural orthostatic tachycardia syndrome (“POTS”) from a human papillomavirus (“HPV”) vaccine K.W. received on October 21, 2020. ECF No. 1. On May 21, 2024, Petitioner filed a motion for a decision dismissing the petition. ECF No. 13. For the reasons set forth below, Petitioner’s motion is GRANTED, and this case is DISMISSED. Relevant Procedural History Petitioner did not file any supporting documentation with the petition. The PAR Initial Order required Petitioner to file statutorily required medical records and other supporting documentation. ECF No. 5. Petitioner filed two sets of medical records and subsequently filed a Statement of Completion. ECF Nos. 10, 11. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 1:23-vv-01321-UNJ Document 15 Filed 06/25/24 Page 2 of 2 On May 21, 2024, Petitioner filed a motion for a decision dismissing the petition stating she “does not believe she will be able to prove that she is entitled to compensation in the Vaccine Program [on behalf of K.W.].” ECF No. 13 ¶ 5. Petitioner understands that dismissal of the petition would result in a judgment against her on behalf of K.W. and end all of K.W.’s rights in the Vaccine Program. Id. Grounds for Dismissal To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either 1) that the vaccinee suffered an “on-Table” injury – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the listed vaccines within the applicable time frames, or 2) that the vaccinee suffered an injury not listed the Table or outside the applicable time frames, an “off-Table” injury, that was actually caused by a listed vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Petitioner alleged an off-Table injury, i.e., that K.W.’s POTS 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 an off-Table injury, 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, in her motion for decision, Petitioner has admitted that she will not be 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01321-cl-extra-10734919 Date issued/filed: 2024-06-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268329 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1321V UNPUBLISHED SIERRA WHITE, on behalf of K.W., Chief Special Master Corcoran Petitioner, v. Filed: May 30, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michelle Greene, Lanier Law Firm, PLLC, New York, NY, for Petitioner. Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent. DECISION1 On August 16, 2023, Sierra White filed a petition for compensation on behalf of her minor child, K.W., under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34,2 (the “Vaccine Act”). Petitioner alleged that K.W. developed postural orthostatic tachycardia syndrome (“POTS”) from a human papillomavirus (“HPV”) vaccine K.W. received on October 21, 2020. ECF No. 1. On May 21, 2024, Petitioner filed a motion for a decision dismissing the petition. ECF No. 13. For the reasons set forth below, Petitioner’s motion is GRANTED, and this case is DISMISSED. Relevant Procedural History Petitioner did not file any supporting documentation with the petition. The PAR Initial Order required Petitioner to file statutorily required medical records and other supporting documentation. ECF No. 5. Petitioner filed two sets of medical records and subsequently filed a Statement of Completion. ECF Nos. 10, 11. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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). On May 21, 2024, Petitioner filed a motion for a decision dismissing the petition stating she “does not believe she will be able to prove that she is entitled to compensation in the Vaccine Program [on behalf of K.W.].” ECF No. 13 ¶ 5. Petitioner understands that dismissal of the petition would result in a judgment against her on behalf of K.W. and end all of K.W.’s rights in the Vaccine Program. Id. Grounds for Dismissal To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either 1) that the vaccinee suffered an “on-Table” injury – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the listed vaccines within the applicable time frames, or 2) that the vaccinee suffered an injury not listed the Table or outside the applicable time frames, an “off-Table” injury, that was actually caused by a listed vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Petitioner alleged an off-Table injury, i.e., that K.W.’s POTS 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 an off-Table injury, 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, in her motion for decision, Petitioner has admitted that she will not be 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