Jacob Booth v. HHS - Influenza, transverse myelitis and acute disseminated encephalomyelitis (2022)

On March 9, 2018, the mother of Jacob Booth, a minor at the time, filed a claim under the National Childhood Vaccine Injury Act on his behalf. The claim alleged that Jacob suffered transverse myelitis (TM) and acute disseminated encephalomyelitis (ADEM) as a result of an influenza vaccination he received on September 28, 2015.

The case was initially assigned to Special Master Moran. The respondent filed a Rule 4 report on September 10, 2018, recommending against compensation.

The petitioner subsequently filed expert reports from Dr. Kinsbourne and Dr.

Gershwin. The case was reassigned to Special Master Daniel T.

Horner on August 27, 2019. Following the reassignment, the parties exchanged additional rounds of expert reports.

On March 24, 2022, Jacob Booth reached the age of majority, and a motion to amend the caption was granted, substituting him as the petitioner. On March 28, 2022, the petitioner filed a Motion for a Decision Dismissing his Petition, stating he did not wish to pursue a claim in the Vaccine Injury Compensation Program and understood that a dismissal would result in a judgment against him, ending his rights in the program.

The respondent did not oppose this motion. Special Master Horner granted the petitioner's motion, dismissing the petition for failure to establish a prima facie case of entitlement to compensation.

Judgment was entered accordingly. The public decision does not describe the specific symptoms, medical tests, treatments, or the mechanism of injury.

The attorneys involved were Bridget C. McCullough of Muller Brazil, LLP, for the petitioner, and Mitchell Jones of the U.S.

Department of Justice, for the respondent. The Special Master was Daniel T.

Horner.