Miriana Rodriguez Burgos v. HHS - Varicella, cerebritis (2021)

Miriana Rodriguez Burgos alleged that the varicella, HPV, and meningococcal conjugate vaccinations she received on August 22, 2013, caused her to develop cerebritis. Her petition was filed on July 29, 2016.

The Secretary contested entitlement, and the parties obtained conflicting expert opinions. Petitioner's expert, Dr.

Shafrir, opined that the diagnosis was cerebritis/cerebellitis or disseminated varicella vaccine-strain viral disease. Respondent's expert, Dr.

Sweeney, suggested a mycoplasma infection with post-infectious symptoms, noting a lack of MRI changes or elevated white blood cell counts. Another expert for the Secretary, Dr.

Gans, also opined that the illness was compatible with a mycoplasma infection and that neurologic changes 43 days post-vaccination could not be attributed to the vaccine. After being ordered to file an expert report addressing these opinions, Ms.

Burgos did not present one. On December 8, 2020, Ms.

Burgos moved to dismiss her petition, stating she was unable to secure further evidence to prove entitlement. The court granted the motion, dismissing the case with prejudice for insufficient proof, as Ms.

Burgos did not establish by preponderant evidence that she suffered from a Table injury or effectively rebut the opinion that a mycoplasma infection was the likely cause of her illness.