Ashton Godfrey v. HHS - immune mediated illness (2014)

Ashton Godfrey filed a petition on May 29, 2012, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Mr.

Godfrey suffered an immune-mediated illness as a result of vaccines received on June 10, 2009. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report challenging the claim.

The parties subsequently filed medical exhibits and expert reports and prepared for an entitlement hearing scheduled for October 6, 2014. On September 22, 2014, a status conference was held, during which the parties indicated they had reached an agreement to dismiss the case and intended to work towards resolving attorneys' fees and costs.

Following the status conference, Mr. Godfrey filed an unopposed motion to dismiss his petition with prejudice, stating his decision to withdraw his vaccine-related claims.

The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The public decision does not describe any specific onset of symptoms, medical tests, or treatments.

The record did not contain evidence of a "Table Injury," nor did the petitioner attempt to establish that his alleged injuries were vaccine-caused. As Mr.

Godfrey chose not to proceed and did not meet his burden of proof, the case was dismissed at his request. The decision was issued by Special Master Brian H.

Corcoran on September 24, 2014. Petitioner was represented by Jay Bansal of the Law Offices of Jay A.

Bansal, and respondent was represented by Darryl Wishard of the U.S. Department of Justice.

No award amount was granted as the case was dismissed.