Steve H. Mitchell v. HHS - Td/Tetanus, peripheral polyneuropathy (2015)

Steve H. Mitchell filed a petition on May 9, 2014, alleging that he suffered peripheral polyneuropathy as a result of receiving a tetanus vaccine on May 21, 2012.

The petition was filed under the National Childhood Vaccine Injury Act. The case proceeded with multiple procedural steps, including status conferences and extensions granted to Mr.

Mitchell to obtain medical records and expert reports. Initially, the deadline for the respondent's Rule 4 report was suspended.

Mr. Mitchell filed a statement of completion of his medical records on July 18, 2014.

Throughout 2014 and early 2015, Mr. Mitchell indicated he was gathering information for his demand and attempting to retain an expert witness, with deadlines for his expert report being repeatedly extended.

By April 8, 2015, Mr. Mitchell reported retaining a neurologist and immunologist and requested additional time to file expert reports, which was granted.

However, on October 9, 2015, Mr. Mitchell filed a motion for a decision on the record, stating he would not be filing a medical expert opinion.

The respondent indicated they would rely on their Rule 4 report. Special Master Christian J.

Moran reviewed the case. To be eligible for compensation, Mr.

Mitchell was required to prove either a "Table Injury" or that his injury was actually caused by the vaccination. The record did not contain evidence of a "Table Injury." Because the medical records did not support his claim, a medical opinion was necessary to demonstrate causation-in-fact.

Mr. Mitchell failed to provide any such opinion.

Consequently, Special Master Moran found that Mr. Mitchell failed to demonstrate either a "Table Injury" or that his injuries were actually caused by the vaccination.

The petition was dismissed for insufficient proof, and no compensation was awarded. The decision was issued on December 21, 2015, and the final judgment was entered on December 21, 2015.