Lornette Amelia Lewis v. HHS - Td, neurological symptoms of generalized Tetanus infection (2016)
Case summary [AI summaries can sometimes make mistakes]
Lornette Amelia Lewis filed a petition alleging that a tetanus-diphtheria (Td) vaccination received on September 28, 2011, caused her to suffer neurological symptoms. She initially filed the petition pro se on August 27, 2015.
Later, with the assistance of counsel, Ms. Lewis moved to dismiss her own petition.
She stated that an investigation of the facts and science supporting her claim demonstrated she would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program. Ms.
Lewis further indicated that proceeding would be unreasonable and waste the resources of the court, the respondent, and the program. To receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury.
The record did not contain evidence of a Table Injury, nor did it contain persuasive evidence that the Td vaccine caused her alleged neurological injuries. The Act requires that petitions be supported by medical records or a physician's opinion, and Ms.
Lewis offered neither to support her claim. Consequently, the case was dismissed for insufficient proof.
Source PDFs
USCOURTS-cofc-1_15-vv-00941