Jennifer L. Call v. HHS - tetanus toxoid, severe headaches, sensory changes and joint pain and swelling and signs and symptoms associated with Brachial Neuritis, including pain shooting down [her] arm with tingling and numbness into the hand (2018)

Jennifer L. Call filed a petition on March 7, 2017, alleging that she developed severe headaches, sensory changes, joint pain, and symptoms consistent with Brachial Neuritis, including arm pain with tingling and numbness, following a tetanus toxoid vaccination on April 3, 2015.

After filing initial medical records and a statement of completion, the Respondent contested her right to damages and requested dismissal. Petitioner initially indicated an intent to file an expert report to prove causation for her non-Table claim.

However, on January 2, 2018, Petitioner filed a motion to dismiss her own petition, stating that an investigation demonstrated she would be unable 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, supported by medical records or expert opinion.

As there was insufficient evidence in the record to meet her burden of proof, the case was dismissed for insufficient proof.