Samuel V. Darroch v. HHS - Tetanus, seizures (2016)

Samuel V. Darroch filed a petition on June 18, 2015, alleging that he suffered seizures as a result of receiving a Tetanus vaccination.

The respondent was the Secretary of Health and Human Services. Petitioner's counsel was William E.

Cochran, Jr. of Black McLaren, et al., PC, and respondent's counsel was Althea W. Davis of the United States Department of Justice.

The case was filed as an "off-Table" claim, meaning the injury was not presumed to be vaccine-related under the Vaccine Injury Table. The public decision does not describe the specific date of vaccination, the petitioner's age at vaccination, or the onset of symptoms.

On November 1, 2016, Mr. Darroch moved for a decision dismissing his petition, stating that he was unable to secure evidence to prove entitlement to compensation.

He acknowledged that such a dismissal would end all his rights in the Vaccine Program but stated his intention to protect his rights to file a civil action. The respondent did not oppose the motion.

Special Master Thomas L. Gowen noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccination.

The record did not contain evidence of a "Table Injury," nor did the petitioner allege one. Furthermore, the record lacked persuasive evidence that the alleged seizures were caused by the Tetanus vaccine.

The Special Master also stated that under the Vaccine Act, a petition cannot be based solely on the petitioner's claims; it must be supported by medical records or a competent physician's opinion. The public decision does not describe any medical records or physician's opinions submitted by the petitioner.

Consequently, Special Master Gowen found that the petitioner failed to demonstrate entitlement to compensation due to insufficient proof, and the petition was dismissed. The Clerk was ordered to enter judgment accordingly.

The decision was issued on December 14, 2016.