John Summers v. HHS - Hepatitis B, reactive arthritis, myalgia and arthralgia (2015)

Filed 2015-06-17Decided 2015-09-22Vaccine Hepatitis B
dismissed

Case summary [AI summaries can sometimes make mistakes]

John Summers filed a petition on June 17, 2015, alleging that the hepatitis A and hepatitis B vaccines he received on February 14, 2014, caused him to develop reactive arthritis, myalgia, and arthralgia. The respondent, the Secretary of Health and Human Services, filed a report on February 3, 2015, indicating that the case was not appropriate for compensation, arguing that the petitioner failed to offer a scientific or medical theory establishing a causal link between the vaccines and his alleged conditions, and also failed to show a logical sequence of cause and effect.

Subsequently, Mr. Summers filed a motion to voluntarily dismiss his petition, stating that an investigation of the facts and science supporting his case demonstrated he would be unable to prove entitlement to compensation.

The court found that the record did not contain sufficient evidence to establish a Table Injury or that the alleged injury was caused by the vaccination, and that the petitioner himself acknowledged possessing no contrary evidence. Therefore, the case was dismissed for insufficient proof on September 22, 2015.

A subsequent decision on September 22, 2015, approved a stipulation for attorney's fees and costs in the amount of $16,500.00, payable jointly to the petitioner and his counsel.

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