Brandi Kostal v. HHS - Tdap, idiopathic thrombocytopenic purpura (ITP) (2018)

Brandi Kostal filed a petition on November 20, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that the Tdap vaccine received on April 8, 2014, and the MMR vaccine received on April 10, 2014, caused a significant aggravation of her pre-existing idiopathic thrombocytopenic purpura (ITP), and also constituted a Table claim based on her ITP.

The court previously dismissed her Table claim on October 4, 2017, as she did not object to this dismissal. Subsequently, Ms.

Kostal filed a motion to dismiss her non-Table claim, stating that her retained expert could not offer a supporting opinion. She believed she was unlikely to prove entitlement to compensation.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that a vaccine actually caused the injury. Since the Table claim was dismissed and her expert could not support the non-Table claim, there was insufficient evidence to meet her burden of proof.

Therefore, the case was dismissed for insufficient proof.