In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1280V

UNPUBLISHED

MACKENZIE SUMMERS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 10, 2021

Motion for decision; Dismissal;

Human papillomavirus (“HPV”) 

vaccine; Postural Orthostatic 

Tachycardia Syndrome (“POTS”)

Andrew D. Downing, Van Cott & Talamante, PLLC, for Petitioner.

Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION1

On September 28, 2020, Mackenzie Summers filed a petition for compensation 

under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10

through 34,

2

(the “Vaccine Act”). Ms. Summers alleged that she developed Postural 

Orthostatic Tachycardia Syndrome (“POTS”), among other injuries, from a human 

papillomavirus (“HPV”) vaccine she received on September 13, 2017. ECF no. 1.

On July 28, 2021, Ms. Summers filed a motion for a decision dismissing the

petition. ECF no. 18. For the reasons set forth below, Ms. Summers’s motion is 

GRANTED, and this case is DISMISSED. 

Ms. Summers did not file any medical records, affidavits, or other supporting 

documentation with the petition. The PAR Initial Order required Ms. Summers to file 

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).
2

these statutorily required documents. ECF No. 5. Ms. Summers received nine

extensions of time but did not file any documents to comply with the PAR Initial Order.

On July 28, 2021, Ms. Summers filed a motion for a decision dismissing the

petition stating that:

“She wishes to pursue a third party action in district court against [the vaccine 

manufacturer] 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 [the HPV vaccine]. Petitioner simply needs a judgment from the Vaccine 

Program so that she may reject said judgment and submit her election to opt out. 

However, petitioner feels she will be unable to prove that she is entitled to 

compensation in the Vaccine Program.” 

ECF No. 18. 

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 

vaccinations, or 2) that the vaccinee suffered an injury that was actually caused by a 

vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Ms. Summers alleged a Non-Table 

claim, i.e., that her POTS and other injuries were 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.”

Initially, Ms. Summers has not filed any medical records as a preliminary 

statutory requirement to compensation in the Vaccine Program. In regard to the 

requirements of a Non-Table claim, she has not submitted sufficient evidence to 

establish the Althen prongs, such as an expert report proposing a medical theory. 

Moreover, Ms. Summers 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

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.”
3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master