Daron Nelson v. HHS - Tdap, transverse myelitis and neuromyelitis optica (2019)

Daron Nelson filed a petition alleging that a Tdap vaccine received on January 13, 2015, caused him to develop transverse myelitis and neuromyelitis optica. The petition was filed on June 14, 2017.

After consulting with an expert neurologist, Nelson's counsel determined that Nelson would not file an expert report. Nelson then filed a motion for a decision denying compensation, waiving his right to a hearing and acknowledging that this would result in an unfavorable judgment.

The court noted that to receive compensation, Nelson needed to prove either a Table Injury or that the vaccine actually caused his injury, requiring a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship. The court found no evidence of a Table Injury and that the medical records did not support the allegations by a preponderance of the evidence, nor was there an expert medical opinion.

Consequently, the court granted Nelson's motion and dismissed the petition for failure to establish a prima facie case of entitlement.