Andrea Morris v. HHS - Hepatitis B, gastroparesis (2020)

Andrea Morris filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered gastroparesis as a result of a Hepatitis B vaccination she received on March 20, 2015. The respondent filed a report stating that the petitioner failed to provide preponderant evidence to support her claim and failed to establish entitlement to compensation.

After the petitioner filed an expert report and the respondent filed two expert reports, the petitioner requested and received several extensions of time to file responsive reports. Ultimately, the petitioner filed a motion to dismiss, stating she did not wish to move forward with her petition.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that the petition must be supported by medical records or a competent medical expert's opinion. As there was insufficient evidence in the record for the petitioner to meet her burden of proof, and in accordance with her motion, the case was dismissed for insufficient proof.