Michael Rutz v. HHS - Tdap, biceps tendinitis (2020)

Michael Rutz filed a claim alleging that he suffered right shoulder injuries, specifically biceps tendinitis, as a result of receiving Tdap and influenza vaccinations on November 12, 2016. He initially filed his petition on April 17, 2018, and later amended it to specify biceps tendinitis.

The respondent, the Secretary of Health and Human Services, filed a report recommending against compensation. Due to an inability to secure an expert report to support his claim, Mr.

Rutz requested additional time to determine how to proceed. Subsequently, he filed a motion to dismiss his own petition, stating that an investigation revealed he would be unable to prove entitlement to compensation.

He understood that this dismissal would result in a judgment against him and end his rights in the Vaccine Program. The court noted that to receive compensation, a petitioner must prove either a Table injury or that a covered vaccine actually caused the injury, requiring a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship.

As Mr. Rutz's medical records did not substantiate his allegations by a preponderance of the evidence and he did not provide a supporting medical opinion, the Special Master granted his motion and dismissed the petition for failure to establish a prima facie case of entitlement.

The case was dismissed with judgment entered against the petitioner.