Jennifer M. Warkoczewski v. HHS - Tdap, shingles and post-herpetic neuralgia (2018)

Jennifer M. Warkoczewscki filed a petition for vaccine compensation on September 20, 2018, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine caused her to develop shingles and post-herpetic neuralgia.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report. The court ordered Ms.

Warkoczewscki to file an expert report to support her claim. After multiple extensions, her counsel reported that her treating neurologist could not offer support for the claim.

Ms. Warkoczewscki's counsel advised her that without an expert report, there was nothing more that could be done.

The court then ordered Ms. Warkoczewscki to withdraw her claim within thirty days.

On September 19, 2018, Ms. Warkoczewscki filed a Motion for Dismissal Decision.

The court found that the record did not contain evidence that Ms. Warkoczewscki suffered a "Table Injury" or that her alleged injuries were vaccine-caused.

Because there were insufficient medical records and no supporting medical opinion, the case was dismissed for insufficient proof. The court entered judgment accordingly.