Brittani Smith v. HHS - Tdap, Multiple Sclerosis (2016)

Brittani Smith filed a petition on January 29, 2016, alleging that the Tdap vaccine she received on October 28, 2011, caused her to develop Multiple Sclerosis (MS). The respondent, the Secretary of Health and Human Services, disputed compensation.

After initial proceedings, the Special Master raised concerns about the petition's viability. Ms.

Smith then filed a motion for a decision, stating that further investigation indicated she was unlikely to succeed in proving her case. She understood that this decision would end her rights in the Vaccine Program and requested dismissal to pursue civil action later, to which the respondent did not object.

The Special Master noted that to receive compensation, a petitioner must prove either a Table injury or that the vaccine actually caused the injury and that it lasted more than six months. The record lacked evidence of a Table injury, and there was insufficient proof that the vaccine caused Ms.

Smith's alleged condition. Furthermore, the petition was not supported by adequate medical records or a competent physician's opinion.

Consequently, the case was dismissed for insufficient proof.