Merrick Brunker v. HHS - Meningococcal, myalgias, headaches, unsteady movements, tics, chest pain, aggression and depression, emotional and psychological distress, and significant aggravation of a underlying condition (2022)

Merrick Brunker filed a claim under the National Childhood Vaccine Injury Act on May 14, 2018, alleging that he suffered various symptoms including myalgias, headaches, unsteady movements, tics, chest pain, aggression, depression, and emotional distress as a result of receiving meningococcal and HPV vaccinations on July 15, 2016. The respondent filed a Rule 4 report on November 23, 2018, recommending against compensation.

On November 16, 2021, Brunker indicated his intention to leave the program to pursue a civil action. Subsequently, on December 9, 2021, Brunker filed a Motion for a Decision Dismissing his Petition, stating that an investigation demonstrated he would be unable to prove entitlement to compensation.

He understood that a dismissal would result in a judgment against him and end his rights in the Vaccine Program. The Special Master reviewed the entire record, including prior orders, and found that Brunker's medical records and expert reports did not support his allegations by a preponderance of the evidence.

Consequently, the Special Master granted Brunker's motion, dismissing the petition for failure to establish a prima facie case of entitlement to compensation. Judgment was entered in accordance with this decision.