Larry Thompson v. HHS - Tdap, Idiopathic Thrombocytopenia Purpura (ITP) (2018)

Larry Thompson filed a petition alleging that he suffered from Idiopathic Thrombocytopenia Purpura (ITP) as a result of receiving a Tdap vaccine on April 18, 2016. He filed his petition on March 9, 2017, and submitted initial medical records.

Respondent filed a Rule 4(c) Report recommending denial, noting that the record did not reflect that Petitioner met the Vaccine Act's severity requirements, specifically that the ITP persisted for more than six months, that he died from the vaccine, or that it resulted in hospitalization and surgical intervention. Petitioner later filed a motion for a ruling on the record, which was deemed insufficient by the court.

After being ordered to either provide additional medical records and a brief supporting the six-month injury requirement or file a motion for dismissal, Petitioner moved to dismiss his own case. He stated that an investigation demonstrated he would be unable to prove entitlement to compensation.

Respondent did not oppose the motion. The court dismissed the case for insufficient proof, as the record lacked the necessary evidence to meet the burden of proof for a Table Injury or to establish causation-in-fact.