Beth Britt v. HHS - Tdap, transverse myelitis (2016)

Beth Britt filed a petition for compensation under the National Childhood Vaccine Injury Act on May 19, 2015, alleging that a Tetanus-Diphtheria-acellular-Pertussis (TDaP) vaccine administered on August 14, 2012, caused her to develop transverse myelitis. Petitioner Britt continued to suffer from residual effects of the condition but stated she did not intend to file a medical expert opinion regarding vaccine causation.

On June 22, 2016, Petitioner filed a motion for a decision on the record, requesting that the Special Master issue a final decision based on the existing record. To receive compensation under the Vaccine Act, a petitioner must prove either that they suffered a "Table Injury" corresponding to the vaccination or that the vaccine actually caused their injury.

The record did not contain evidence of a Table Injury. Furthermore, the record did not include a medical expert's opinion or any other persuasive evidence establishing that the vaccine caused Petitioner's injuries.

The Special Master noted that under the Vaccine Act, compensation cannot be awarded based solely on the petitioner's claims; the petition must be supported by medical records or the opinion of a competent physician. As the medical records were insufficient to establish entitlement and no supporting medical opinion was offered, the petition was denied for insufficient proof and dismissed.

The decision was issued by Special Master Lisa Hamilton-Fieldman on July 21, 2016. Petitioner's counsel was Diana Stadelnikas Sedar of Maglio Christopher and Toale, PA.

Respondent's counsel was Alexis Babcock of the United States Department of Justice.