Iola Sykes v. HHS - Tdap, Optic Neuritis (2018)
Case summary [AI summaries can sometimes make mistakes]
Iola Sykes filed a petition on May 31, 2017, alleging that she suffered from Optic Neuritis as a result of a Tetanus-Diphtheria-acellular-Pertussis (TDaP) vaccination she received on September 6, 2016. The respondent was the Secretary of Health and Human Services.
After investigating the facts and science, Ms. Sykes concluded that she would be unable to prove her entitlement to compensation and submitted a motion requesting that her petition be dismissed.
The respondent did not object to the dismissal. Special Master Herbrina Sanders noted that to receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury.
The record did not contain evidence of a Table Injury, nor did it contain sufficient evidence that the TDaP vaccination caused Ms. Sykes' alleged optic neuritis.
The public decision does not describe the onset or specific symptoms of the optic neuritis, nor does it mention any medical records, tests, or treatments. The public decision also does not name any experts consulted by the petitioner or the respondent, nor does it detail a specific mechanism of causation.
The court dismissed the case for insufficient proof, and judgment was entered accordingly.
Theory of causation
Petitioner Iola Sykes alleged that a Tdap vaccination received on September 6, 2016, caused her to suffer from Optic Neuritis. The petition was filed on May 31, 2017. Petitioner later moved for dismissal, conceding that she would be unable to prove entitlement to compensation. The respondent did not object. Special Master Herbrina Sanders noted that the record lacked evidence of a Table Injury and insufficient evidence that the Tdap vaccination caused the alleged optic neuritis. The public decision does not describe the specific theory of causation, the mechanism of injury, or name any experts. The case was dismissed for insufficient proof. No award was made.
Source PDFs
USCOURTS-cofc-1_17-vv-00716