Lisa Baker v. HHS - Shingles, cutaneous T cell lymphoma (2018)

Lisa Baker filed a petition on November 11, 2016, alleging that she developed cutaneous T cell lymphoma (CTCL) as a result of receiving the Hepatitis B and shingles vaccines on December 30, 2014. The shingles vaccine, Zostavax, is not covered by the National Vaccine Injury Compensation Program because it is not listed on the Vaccine Injury Table and is administered only to adults.

Therefore, Baker's petition was limited to proving actual causation for the Hepatitis B vaccine. On May 10, 2018, Baker filed a motion to dismiss her own petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation and that further proceedings would be unreasonable and a waste of resources.

She acknowledged that a dismissal would result in a judgment against her, ending her rights in the Program. The public decision does not describe the onset of symptoms, specific medical records, or treatments.

The court found that the medical records did not establish causation. Petitioner's experts, Drs.

Judy Mikovits and Francis Ruscetti, submitted reports with theories that were found unpersuasive, relied on inapplicable theories, and contained misleading references to medical literature and non-existent factual situations. The court noted that the expert theories were similar to those previously disproven in other cases and did not establish the necessary Althen prongs for off-Table claims.

Because Baker failed to demonstrate either a Table injury or actual causation, her case was dismissed for insufficient proof by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Renee J.

Gentry, and respondent's counsel was Althea W. Davis.

No award amount was granted as the case was dismissed.