Andrea Dixon v. HHS - DTaP, acute flaccid myelitis (AFM) (2021)

Andrea Dixon, as next friend of J.D., a minor, filed a petition on September 13, 2017, alleging that J.D. suffered acute flaccid myelitis (AFM) as a result of receiving the Pentacel and Prevnar 13 vaccines on September 4, 2014. The petition stated that J.D. was diagnosed with AFM, although an amended petition later alleged the diagnosis was transverse myelitis (TM).

The case was filed as a potential Table injury claim, but the court noted that the record did not contain persuasive evidence of a Table injury. Both parties obtained expert reports regarding causation, and all four experts agreed that J.D. was correctly diagnosed with AFM.

The petitioner did not file supplemental expert reports to address further questions raised by the court regarding causation. Ultimately, the petitioner advised the court that she agreed to a voluntary dismissal of the claim, stating that she was seeking a decision dismissing her claim due to insufficient proof.

The court granted the motion and dismissed the case for insufficient proof, noting that the medical records were insufficient to establish entitlement and that the petitioner had not supported the claim with persuasive evidence of causation. The Special Master was Thomas L.

Gowen. Petitioner's counsel was Scott W.

Rooney, and respondent's counsel was Lara A. Englund.

The decision was issued on March 11, 2021.