Amanda Jo Kilgus v. HHS - Td, anaphylaxis or anaphylactic shock and brachial neuritis (2020)

Amanda Kilgus filed a petition alleging that she suffered anaphylaxis and brachial neuritis as a result of a tetanus and diphtheria (Td) vaccine she received on September 10, 2016. She filed her petition with the Court of Federal Claims on April 9, 2018.

After investigating the facts and science supporting her case, Ms. Kilgus filed an unopposed motion to dismiss her petition, conceding that she would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program.

She stated that proceeding further would be unreasonable and an inefficient use of resources. The respondent did not object to the dismissal.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine caused the injury. The record did not contain evidence of a Table Injury, nor persuasive evidence that the vaccine caused her alleged injuries.

The court further noted that claims must be supported by medical records or a competent physician's opinion, neither of which were sufficiently provided in this case. Therefore, the case was dismissed for insufficient proof.