Nathen DiMaggio v. HHS - HPV, peroneal neuropathy (2018)

Nathen DiMaggio filed a petition on November 15, 2017, alleging that he suffered a peroneal neuropathy with residual injuries lasting more than six months as a result of receiving a human papillomavirus (HPV) vaccine on July 22, 2014. The case progressed, and on December 7, 2018, Mr.

DiMaggio filed a motion to dismiss his own claim. He stated that an investigation of the facts and science supporting his petition demonstrated he would be unable to prove entitlement to compensation.

Mr. DiMaggio understood that a dismissal would result in a judgment against him, ending his rights in the Vaccine Program, and he intended to preserve his right to file a future civil action.

Respondent did not oppose the motion for dismissal. The court noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was caused-in-fact by the vaccine.

The record did not support a finding of a Table injury, nor did it contain persuasive evidence that the HPV vaccine caused the peroneal neuropathy. The court also noted that a petitioner must support their claim with medical records or a physician's opinion, and that Mr.

DiMaggio had not submitted an expert report for his off-Table claim. Because Mr.

DiMaggio had not met his burden of proof, his claim was dismissed for insufficient proof.