Chris Juday v. HHS - Zostavax, various injuries (2015)

Chris Juday filed a petition for compensation under the National Vaccine Injury Compensation Program on April 29, 2015, alleging he sustained various injuries as a result of receiving the Zostavax vaccine on March 2, 2014. The respondent was the Secretary of Health and Human Services.

On May 7, 2015, Chief Special Master Denise Kathryn Vowell issued an Order to Show Cause, informing the petitioner that the Zostavax vaccine is not covered by the Program. The order gave Mr.

Juday 30 days, until June 8, 2015, to amend his petition to allege injury from a covered vaccine or otherwise show cause why the petition should not be dismissed. The order also informed him that non-compliance would be interpreted as a failure to prosecute or an inability to provide necessary support for the claim, leading to dismissal.

On May 11, 2015, Mr. Juday filed supporting evidence, including his birth certificate, proof of Zostavax vaccination, various medical records, and an affidavit.

However, he did not file an amended petition or provide further justification. The Special Master noted that to be entitled to compensation, a petitioner must demonstrate receipt of a vaccine listed on the Vaccine Injury Table, and that Zostavax is not on the Table.

The Special Master cited previous cases where petitions for injury from the shingles vaccine were dismissed. As Mr.

Juday failed to demonstrate that he received a vaccine covered by the Program and did not otherwise explain why his petition should not be dismissed, the petition was dismissed for insufficient proof and failure to prosecute. Judgment was entered accordingly on July 2, 2015.

Samuel R. Robinson represented the petitioner, and Sarah C.

Duncan represented the respondent. The decision was issued by Chief Special Master Denise K.

Vowell.