# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 71V

Filed: July 2, 2020

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

KORRINE HERLTH

, *

* Dismissal; Human Papillomavirus

Petitioner, * (“HPV”); Autonomic Dysfunction;

* Seizures; Neuropathy; Dizziness;

v. * Nausea; Vertigo; Syncopal Episodes

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Andrew Downing

, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ for petitioner.

Voris Johnson , Esq., U.S. Dept. of Justice, Washington, DC for respondent

.

DECISION 1

Roth, Special Master:

On January 13, 2016, Andrea Herlth filed a p etition for c ompensation in the National

Vacci ne Injury Compensation Program (“the Program”) 2 on behalf of her then

- minor child,

Korrine Herlth. Korrine Herlth (“Ms. Herlth” or “petitioner”) was substituted as petitioner on

March 20, 2017. ECF No. 32. Petitioner alleg es that the human papillomavirus (“HPV”) vaccine

she received on Decem ber 3, 2013, caused her to develop seizures, autonomic dysfunction,

neuropathy, dizziness, nausea, vertigo, and syncopal episodes. See Petition, ECF No. 1. The

1 Although this Decision has been formally designated “ un published,” it will nevertheless be posted on the

Court of Federal Claims’s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision

will be available to anyone with a ccess to the internet. However, the parties may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen days within which to request redaction “of any information furn ished by that party: (1) that is

a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes

medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

priva cy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id

.

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660,

100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 10 et seq. (hereinafte r “Vaccine Act” or “the

Act”). Hereafter, individual section references wil l be to 42 U.S.C. § 300aa of the Act.2

information in the record, however, does not show entitlement to an award under the Program. On

June 17, 2020

, petitioner filed a Motion for Dismissal Decision requesting that h er case be

dismissed. ECF No. 115.

To receive compensatio n under the Program, petitioner must prove either 1) that s he

suffered a “Table Injury”

– i.e., an injury falling within the Vaccine Injury Table

– corresponding

to his vaccination , or 2) that s he suffered an injury that was actually caused by a vaccine. See §§

13(a)(1)(A) and 11(c)(1). An examination of the record d id not uncover any evidence that

petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence

indicating that petitioner’s alleged injury was vaccine

- caused or in any way vaccine

- related

.

Under the Act, petitioner may no t be given a Program award based solely on the petitioner’s

claims alone. Rather, the petition must be supported by either medical records or by the opi nion

of a competent physician. § 13(a)(1). In this case, there are insufficient medical records supporti ng

pe titioner’s claim

. Although p etitioner offered medical opinions, none of the medical opinions

offered support ed a finding of entitlement.

Accordingly, it is clear from the reco rd in this case that petitioner has failed to demonstrate

either that s he suffered a “Table Injury” or that h er injuries were “actu ally caused” by a

vaccination. Thus, this case is dis missed for insufficient proof. The Clerk shall enter judgment

accordingly.

IT IS SO ORDERED.

s/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master