Jeannie Uetz v. HHS - Boostrix, headaches, myalgia, fatigue and fever, necessitating a surgical procedure (2015)

Jeannie Uetz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered headaches, myalgia, fatigue, and fever, necessitating a surgical procedure, as a result of receiving the Zostavax and Boostrix vaccinations on September 29, 2012. The Zostavax vaccine was noted as not being covered under the program.

Petitioner sought compensation for an alleged vaccine injury that required a lumbar puncture on September 30, 2012. The respondent filed a motion to dismiss, arguing that Petitioner failed to establish that she suffered residual effects of a vaccine-related injury for more than six months, and that her lumbar puncture did not qualify as a surgical intervention and inpatient hospitalization as required by the Vaccine Act.

The court agreed with the respondent, finding that Petitioner did not provide sufficient evidence of residual effects lasting for at least six months post-vaccination. Furthermore, the court determined that the lumbar puncture, even if considered a surgical intervention, did not meet the requirement of inpatient hospitalization.

Consequently, the court granted the respondent's motion to dismiss the petition. A subsequent decision awarded Petitioner $15,000.00 for attorneys' fees and costs, as the petition was brought in good faith and had a reasonable basis.