Amber Peterson v. HHS - Tdap, unspecified illness (2017)
Case summary [AI summaries can sometimes make mistakes]
Amber Peterson filed a petition on December 5, 2016, alleging that she became ill and was hospitalized as a result of a Tdap vaccination she received on November 7, 2016. The petition alleged an unspecified illness.
The Special Master issued an order to show cause on May 31, 2017, directing Ms. Peterson to demonstrate why the case should not be dismissed for failure to prosecute by July 31, 2017.
Ms. Peterson did not respond to this order.
The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, and Ms.
Peterson did not submit any medical records or physician opinions to support a causation-in-fact claim. Consequently, the case was dismissed for failure to prosecute and for insufficient proof.
No award was granted. The decision was signed by Special Master Christian J.
Moran.
Theory of causation
Petitioner Amber Peterson alleged an unspecified illness and hospitalization following a Tdap vaccination on November 7, 2016. The case was dismissed for failure to prosecute after the petitioner failed to respond to an order to show cause. The Special Master found no evidence of a "Table Injury" and no medical records or physician opinions to support a causation-in-fact claim. The public decision does not describe the specific mechanism of injury or name any experts. The case was dismissed by Special Master Christian J. Moran on August 11, 2017, with no award granted.
Source PDFs
USCOURTS-cofc-1_16-vv-01608