Sarah Neal v. HHS - Tdap, in utero death of her son, C.N., which in turn caused Petitioner to experience emotional and psychological suffering (2019)

Sarah Neal filed a petition alleging that her Tdap vaccine on December 22, 2015, caused the in utero death of her son, C.N., and that this death resulted in her own emotional and psychological suffering. A prior petition on behalf of C.N. was dismissed because the Vaccine Act does not cover deceased unborn children.

Respondent argued that Petitioner failed to present a reliable scientific theory linking the vaccine to her child's death and her resulting emotional distress. Petitioner initially filed medical records and an affidavit, and later an expert report.

However, after the Special Master expressed doubts about the expert report's sufficiency, Petitioner was unable to obtain further expert support. Consequently, Petitioner moved to dismiss her own claim.

The Special Master noted that to receive compensation, a petitioner must prove a Table injury or that the vaccine actually caused the injury. The decision states that Petitioner did not suffer a Table injury and did not offer preponderant evidence that the Tdap vaccine caused her child's in utero death.

Therefore, her claim for emotional distress could not succeed. The case was dismissed.