John Lowe v. HHS - Tdap, chronic inflammatory demyelinating polyneuropathy (2018)

Filed 2017-03-20Decided 2018-07-23Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

John Lowe filed a petition for vaccine compensation on March 20, 2017, alleging that a tetanus-diphtheria-acellular-pertussis (Tdap) vaccination caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The Special Master's decision, issued on July 23, 2018, noted that the information in the record did not demonstrate entitlement to an award under the National Vaccine Injury Compensation Program.

To receive compensation, a petitioner must prove either a "Table Injury" listed on the Vaccine Injury Table corresponding to the vaccination or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence that the alleged injury was vaccine-caused or vaccine-related.

The petition must be supported by medical records or the opinion of a competent physician. In this case, there were insufficient medical records, and the petitioner offered no medical opinion to support a finding of entitlement.

Consequently, Special Master Mindy Michaels Roth dismissed the case for insufficient proof. The petitioner was represented by Ronald Homer, Esq., and the respondent was represented by Lisa Watts, Esq.

The decision was originally filed on June 28, 2018.

Theory of causation

Petitioner John Lowe alleged that a Tdap vaccination caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The Special Master found that the record did not contain evidence of a "Table Injury" or sufficient proof that the alleged injury was vaccine-caused or vaccine-related. The petition was not supported by adequate medical records or a competent physician's opinion establishing causation. As a result, the case was dismissed for insufficient proof on July 23, 2018. Petitioner counsel was Ronald Homer, Esq., and respondent counsel was Lisa Watts, Esq. Special Master Mindy Michaels Roth issued the decision.

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