United States Court of Federal Claims, 2017

Simmers v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided May 2, 2017 · Mindy Michaels Roth

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-711V Filed: April 7, 2017 UNPUBLISHED ****************************** JILL M. SIMMERS, Parent and * Natural Guardian of a minor child, E.K.S. * * Petitioner, * v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Respondent Does Not Object AND HUMAN SERVICES, * * Respondent. * * ************************* Kevin Mack, Law Office of Kevin A. Mack, Tiffin, OH, for petitioner.

Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1 Roth, Special Master: On June 20, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”), on behalf of her minor child, E.K.S. Petitioner alleged that E.K.S. developed Postural Orthostatic Tachycardic Syndrome (“POTS”) after receiving a human papillomavirus (“HPV”) vaccination.

On March 27, 2017, the undersigned issued a decision dismissing petitioner’s claim based on petitioner’s motion to dismiss. ECF No. 31.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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).

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