Matthew McDermott v. HHS - Influenza, optic neuritis and anterior ischemic optical neuropathy (2019)

Matthew McDermott filed a petition in the National Vaccine Injury Compensation Program on October 2, 2017, alleging that he suffered optic neuritis and anterior ischemic optical neuropathy as a result of receiving an influenza vaccine on October 3, 2014. The respondent is the Secretary of Health and Human Services.

On October 7, 2019, Mr. McDermott filed a motion to dismiss his petition, stating that he would be unable to prove entitlement to compensation after investigating the facts and science supporting his case.

He recognized that proceeding further would be unreasonable and a waste of resources for the Court, the respondent, and the Vaccine Program. The respondent did not oppose the motion.

Mr. McDermott stated his intention to protect his rights to file a civil action in the future and elected to reject the Vaccine Program judgment pursuant to 42 U.S.C. § 300aa-21(a)(2).

The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or an injury caused-in-fact by a covered vaccine, supported by medical records or expert opinion. The public decision states that Mr.

McDermott did not allege a Table injury, nor did the record reflect one. Regarding an off-Table injury, the public decision indicates that Mr.

McDermott had not provided sufficient medical records or expert opinions to support a finding of entitlement, and thus had not met his burden of proof. Special Master Thomas L.

Gowen granted the motion for dismissal, dismissing the case for insufficient proof. No award amount was granted as the case was dismissed.

The public decision does not describe the specific onset of symptoms, medical records, expert names, or the proposed mechanism of injury.