Carmen Carreon v. HHS - DTaP, other (2015)

Carmen Carreon filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging she was injured as a result of her September 14, 2011 DTAP vaccination. The petition was filed on March 30, 2015.

During a status conference, Petitioner's counsel indicated an intention to dismiss the case, likely due to a statute of limitations objection raised by the Respondent. The parties subsequently filed a joint status report confirming Petitioner's intent to withdraw the claim on statute of limitations grounds.

The decision notes that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that no petition may be filed more than thirty-six months from the first symptom or significant aggravation. The court found insufficient evidence establishing that the matter was filed in a timely fashion and that the petition lacked sufficient supporting medical records or a competent physician's opinion.

Consequently, the case was dismissed for insufficient proof.