Chelsea Burton v. HHS - Influenza, acute disseminated encephalomyelitis (ADEM) (2016)

On September 10, 2014, Chelsea Burton filed a petition on behalf of her minor child, J.B., seeking compensation under the National Childhood Vaccine Injury Act of 1986. The petition alleged that an influenza vaccine administered on September 13, 2011, caused J.B. to develop acute disseminated encephalomyelitis (ADEM) and other neurological symptoms.

The public decision does not describe the specific onset of symptoms, medical records, diagnostic tests, or treatments. Petitioner's counsel was Andrew Downing of Van Cott & Talamante, PLLC.

Respondent's counsel was Gordon Shemin of the United States Department of Justice. On February 8, 2016, Petitioner filed a Motion for a Decision Dismissing her Petition, acknowledging an inability to meet the burden of proof required for compensation under the Vaccine Program.

Petitioner stated that further proceedings would be unreasonable and wasteful, understanding that a dismissal would result in a judgment against her and end all rights in the Vaccine Program. To receive compensation, Petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence to establish causation. The public decision notes that compensation cannot be awarded based solely on the petitioner's claims; the petition must be supported by medical records or a competent physician's opinion.

As the medical records were insufficient and no medical opinion was offered, the petition was dismissed for insufficient proof. Special Master Lisa Hamilton-Fieldman issued the decision, and the Clerk was ordered to enter judgment accordingly.