SCGJ v. HHS - Hepatitis A, transverse myelitis (2020)

Jeffrey Jarvis and Jessica Tomei, on behalf of their minor daughter SCGJ, filed a petition on October 9, 2015, alleging that SCGJ suffered transverse myelitis as a result of receiving the hepatitis A and/or influenza vaccines on August 31, 2012. The respondent was the Secretary of Health and Human Services.

The public decision does not describe the specific onset or symptoms of the alleged injury, nor does it detail any medical records, tests, or treatments. On April 8, 2020, the petitioners filed a motion to dismiss their own petition, stating that an investigation of the facts and science supporting their case had demonstrated they would be unable to prove entitlement to compensation.

They acknowledged that proceeding further would be unreasonable and would waste the resources of the Court, the Respondent, and the Vaccine Program. Petitioners also understood that a dismissal would result in judgment against them, ending all their rights in the Vaccine Program, and that their attorney could apply for fees and costs.

The respondent reserved the right to question the good faith and reasonable basis of the claim and to oppose any application for fees and costs. Special Master Thomas L.

Gowen granted the petitioners' motion for dismissal. The decision stated that to receive compensation, petitioners must prove either a "Table Injury" or that the vaccine was the cause-in-fact of the injury.

The latter requires a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship, as outlined in Althen v. Sec’y of Health & Human Servs.

The Special Master noted that the medical records were insufficient to establish entitlement and that petitioners' experts had not presented opinions supporting vaccine causation under the Althen standard. The case was dismissed for insufficient proof, and judgment was entered against the petitioners.

The public decision does not specify any compensation awarded, as the case was dismissed before an award could be made. The attorneys involved were Michael A.

Firestone for the petitioner and Ronalda E. Kosh for the respondent.

The decision was filed on April 30, 2020.