In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * 

*

SAHARA WALKER, *

* No. 16-543V

Petitioner, * Special Master Christian J. Moran

*

v. *

* Filed: August 25, 2020

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * Entitlement; dismissal.

* 

Respondent. *

* * * * * * * * * * * * * * * * * * * * * 

Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioners; 

Sarah C. Duncan, United States Dep’t of Justice, Washington, D.C., for 

respondent.

UNPUBLISHED DECISION DENYING COMPENSATION1

Melissa Roglitz-Walker alleged that the human papillomavirus (“HPV”), 

Tdap, and meningococcal conjugate (“MCV”) vaccinations her child, Sahara 

Walker, received on September 25, 2013, caused her to develop postural 

tachycardia syndrome (“POTS”), neurocardiogenic syncope, orthostatic 

hypotension, and autonomic neuropathy. Pet., filed May 3, 2016, at 1-2. Once 

Sahara Walker reached the age of majority, she was substituted in as the named 

petitioner on October 11, 2019. On August 10, 2020, Ms. Walker moved for a 

decision dismissing her petition.

1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). Pursuant to Vaccine Rule 18(b), the parties have 14 days to 

file a motion proposing redaction of medical information or other information described in 42 

U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the 

document posted on the website.
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I. Procedural History

Melissa Roglitz-Walker filed a petition on behalf of her child, Sahara 

Walker, on May 3, 2016. Sahara Walker (“petitioner”) was then substituted as the 

named petitioner in this case on October 11, 2019. After petitioner filed her initial 

medical records, the Secretary filed his Rule 4(c) report on August 11, 2016, 

contesting entitlement. 

After additional records were filed, petitioner filed expert reports supporting 

her claim from Dr. Velugubanti, Dr. Steinman, and Dr. Miglis. In response, the 

Secretary filed expert reports from Dr. Kaufmann and Dr. MacGinnitie. The 

development of the case through expert reports continued between late 2016 to late 

2019. The expert report phase of the case concluded with supplemental expert 

reports from Dr. Kaufmann and Dr. MacGinnitie filed by the Secretary on 

November 11, 2019. A status conference was then held, after which petitioner 

continued to develop her case with additional medical literature.

The undersigned then issued an order for briefs in advance of potential 

adjudication on February 13, 2020, which was then reviewed in a status conference 

held on February 27, 2020. Petitioner filed her brief on April 20, 2020, but then

moved for a decision dismissing her petition on August 10, 2020, stating that, in 

light of litigation currently being initiated against Merck involving injuries to 

Gardasil vaccine recipients, petitioner “wishes to pursue a third party action in 

district court against Merck directly.” Pet’r’s Mot., filed Aug. 10, 2020, ¶ 3. 

Petitioners add that “[t]his choice should not be viewed in any way that Petitioner 

does not believe in the merits of [her] claim,” but that she wishes to have a 

judgment entered against her so that she may pursue a separate civil action. Id. 

The Secretary did not file a response to this motion. This matter is now ready for 

adjudication.

II. Analysis

To receive compensation under the National Vaccine Injury Compensation 

Program (hereinafter “the 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 300aa-11(c)(1). Under the Act, a petitioner may not be given a Program award 

based solely on the petitioner’s claims alone. Rather, the petition must be 
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supported by either medical records or by the opinion of a competent physician. 

§ 300aa-13(a)(1). 

In this case, petitioner filed medical records and expert reports in support of 

her claim, but nonetheless, wishes to have her claim dismissed and judgment 

entered against her. Though petitioner filed this motion pursuant to 42 U.S.C. 

§ 300aa—21(a) (regarding voluntary dismissal), the undersigned will construe this 

as a motion filed pursuant to 42 U.S.C. § 300aa—21(b) (regarding involuntary 

dismissal), given petitioner’s clear intent that a judgment issue in this case, 

protecting her right to file a civil action in the future. See Pet’r’s Mot., filed Aug. 

10, 2020, ¶ 4. 

To conform to section 12(d)(3), a decision must “include findings of fact and 

conclusions of law.” Here, although the parties were in the process of presenting 

arguments, the evidence weighs against a finding that Ms. Walker suffered from 

POTS or other injuries alleged. Without a showing that the vaccinee suffered the 

injury that the vaccine allegedly caused, the remainder of the case becomes moot. 

See Broekelschen v. Sec’y of Health and Human Servs., 618 F.3d 1339, 1346 (Fed. 

Cir. 2010). Accordingly, the undersigned is not required to evaluate whether the 

HPV vaccine can cause POTS. 

Thus, the Motion for Decision is GRANTED and this case is 

DISMISSED WITH PREJUDICE for insufficient proof. The Clerk shall 

enter judgment accordingly. See Vaccine Rule 21(b). 

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master