Paula Husovsky v. HHS - Varicella, persistent rash, gastrointestinal problems, fibromyalgia, and aggravation of pre-existing lymphadenitis (2016)

Paula Husovsky, as natural mother and guardian for minor J.H., filed a petition on June 22, 2015, seeking compensation under the National Childhood Vaccine Injury Act of 1986. The petition alleged that a varicella vaccine administered on July 13, 2012, caused J.H. to suffer from persistent rash, gastrointestinal problems, fibromyalgia, and aggravation of pre-existing lymphadenitis.

The petition was filed on April 18, 2016. After investigating the case, the petitioner concluded that she would be unable to prove entitlement to compensation.

Consequently, on April 14, 2016, the petitioner filed a motion for a decision dismissing her petition, acknowledging that such a dismissal would result in a judgment against her and end all her rights in the Vaccine Program. Special Master Lisa Hamilton-Fieldman noted that to receive compensation, the petitioner must prove either a Table Injury corresponding to the vaccination or that the vaccine actually caused the injury.

The public decision states that an examination of the record did not uncover evidence of a Table Injury. Furthermore, the record did not contain a medical expert's opinion or any other persuasive evidence indicating that J.H.'s alleged injuries were caused by the vaccination.

The Special Master emphasized 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 a competent physician's opinion. As the medical records were insufficient and no expert opinion was offered, the petition was dismissed for insufficient proof.

The decision was issued on May 9, 2016. Petitioner's counsel was Carol L.

Gallagher, and respondent's counsel was Sarah Duncan.