James Greenamyre v. HHS - Varicella, pneumonia (2017)

On October 28, 2014, James Greenamyre filed a petition for vaccine compensation on behalf of his minor daughter, L.J.G., alleging that she suffered from pneumonia shortly after receiving a varicella vaccine on December 1, 2011. The respondent was the Secretary of Health and Human Services.

Petitioner counsel was Paul Dannenberg, and respondent counsel was Gordon Shemin. Special Master Mindy Michaels Roth issued the decision.

The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, or treatments. The petitioner alleged that L.J.G. suffered from pneumonia following the vaccination.

However, the record did not contain evidence of a "Table Injury" or persuasive evidence that the vaccine actually caused L.J.G.'s pneumonia. Furthermore, the program requires that the injured person suffer residual effects for more than six months after vaccination, or require hospitalization or surgical intervention.

The medical records submitted showed that L.J.G. recovered from her pneumonia within weeks without hospitalization or surgery, thus failing to meet this requirement. The Act also mandates that claims be supported by medical records or a competent physician's opinion.

The petitioner offered no medical opinion to support a finding of entitlement, and the medical records were insufficient. On February 2, 2017, the petitioner filed a motion for decision dismissing the petition.

Consequently, the case was dismissed for insufficient proof.