Jessica Roberts v. HHS - Tdap, left-sided numbness, parathesia [sic], and weakness, demyelinating disease, as well as non-epileptic seizures (2018)

On August 19, 2016, Jessica Roberts filed a claim under the National Vaccine Injury Compensation Program, alleging that the Tdap and hepatitis B vaccines she received on August 22, 2013, caused her to develop left-sided numbness, paresthesia, weakness, demyelinating disease, and non-epileptic seizures. The respondent challenged the claim, arguing that the petitioner had not demonstrated a cognizable injury and that there was no established medical theory linking the vaccines to the alleged symptoms.

The respondent also noted that the petitioner did not report symptoms until five months after vaccination, which further undermined the claim of causation. During a status conference, the petitioner was asked to provide employment records that might show earlier symptom onset, but on March 2, 2017, she reported that no such records were available.

On June 1, 2017, the petitioner stated she had been unable to obtain an expert opinion linking her symptoms to the vaccination. After several extensions of time, during which the petitioner underwent medical treatment and considered her next steps, she moved for dismissal of her case on January 5, 2018.

The petitioner acknowledged that an investigation of the facts and science supporting her claim demonstrated an inability to prove causation under the Vaccine Act and that a dismissal would result in a judgment against her. The respondent did not object to the dismissal.

Special Master Christian J. Moran granted the motion, dismissing the petition for insufficient proof and entering judgment against the petitioner.

The public decision does not describe the specific onset of symptoms, the details of the medical treatment, or name the petitioner's counsel or respondent's counsel.