Mary Hlad v. HHS - Pneumococcal, Miller-Fisher syndrome and encephalopathy (2020)
Case summary [AI summaries can sometimes make mistakes]
On November 20, 2017, Mary Hlad filed a petition seeking Vaccine Program compensation after receiving a pneumococcal conjugate vaccine on February 4, 2015. She alleged that the vaccination caused Miller-Fisher syndrome and encephalopathy.
The case did not proceed to an entitlement hearing. After investigating the facts and science, Hlad filed an unopposed motion on October 7, 2019 asking for a decision dismissing the petition.
She acknowledged that she could not prove entitlement to compensation and that further proceedings would be unreasonable and would waste the resources of the court, respondent, and the Vaccine Program. Respondent did not object.
Special Master Herbrina D. Sanders dismissed the petition on February 7, 2020.
The decision explained that the record did not show a Table injury and did not contain persuasive evidence that the pneumococcal conjugate vaccine caused the alleged Miller-Fisher syndrome or encephalopathy. Because the medical records were insufficient and Hlad did not file a supportive expert opinion from a competent physician, the case was dismissed for insufficient proof.
No injury compensation was awarded. Hlad was represented by Maximillian J.
Muller of Muller Brazil, LLP.
Theory of causation
Pneumococcal conjugate vaccine (February 4, 2015) alleged to cause Miller-Fisher syndrome and encephalopathy. DISMISSED. Theory was not proven; petitioner moved for dismissal after investigation showed she could not establish entitlement. Special Master Herbrina D. Sanders found no Table injury evidence, no persuasive causation evidence, insufficient medical records, and no supportive expert/competent physician opinion. Decision dismissing for insufficient proof filed February 7, 2020. No injury compensation awarded. Attorney: Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA.
Source PDFs
USCOURTS-cofc-1_17-vv-01818