Tarro Dussault v. HHS - Tdap, tetany inflammatory response and back pain (2020)

Tarro Dussault filed a petition for compensation under the National Vaccine Injury Compensation Program on February 4, 2016, alleging that he suffered from a tetany inflammatory response and back pain as a result of a Tdap vaccination received on March 24, 2014. Respondent filed a report stating the case should be dismissed for failure to demonstrate entitlement.

Medical records and expert reports indicated discrepancies and a lack of contemporaneous documentation supporting a severe reaction to the vaccine, suggesting the back pain was a pre-existing chronic condition unrelated to the vaccination. After multiple extensions for Petitioner to file an expert report, Petitioner filed a motion to dismiss his own petition, stating he would be unable to prove entitlement to compensation.

The Special Master granted the motion, dismissing the petition due to insufficient evidence to meet the burden of proof.