Dreyton Jakes v. HHS - Influenza, neurological injuries, specifically problems with eyesight (2016)

Carol Jakes filed a petition on behalf of her minor son, Dreyton Jakes, alleging that an influenza vaccination on December 12, 2003, caused him to suffer neurological injuries. The case has a long procedural history, including changes in counsel and theories of causation.

Initially, the petitioner's counsel suggested an onset of less than 24 hours was too short for an autoimmune response and explored other theories. Later, the petitioner alleged the onset of injury occurred on December 15, 2003, three days post-vaccination, when his teacher reported a decrease in visual acuity.

Respondent contended that the onset occurred on December 12, 2003, the same day as the vaccination, based on contemporaneous medical records. The court reviewed multiple medical records from December 15 and 16, 2003, which consistently indicated that the onset of vision problems was noted by the teacher on December 12, 2003, and that the family also noticed issues over that weekend.

The court found these contemporaneous records to be reliable and determined that the date of onset of Petitioner's vision problems was December 12, 2003. The court denied the petitioner's motion to exclude these records.

The case was ordered to proceed with the petitioner filing an expert report consistent with the established onset date, with failure to do so resulting in dismissal.