Kathleen Spain v. HHS - DTaP, optic neuritis (2020)

Kathleen Spain filed a petition on May 24, 2018, on her own behalf, alleging that she received a Diphtheria-Tetanus-acellular Pertussis (DTaP) vaccination on May 15, 2017, and subsequently developed optic neuritis. The respondent was the Secretary of Health and Human Services.

The public decision does not describe the petitioner's counsel or the respondent's counsel. On February 7, 2020, Ms.

Spain filed a motion for a decision denying compensation. In this motion, she stated that she had filed all relevant evidence and did not intend to file further evidence.

She waived her right to any hearing or further proceedings and acknowledged that a decision by the Special Master would result in a judgment against her, ending all her rights under the Vaccine Act. She also stated her intention to protect her right to file a civil action.

Special Master Nora Beth Dorsey reviewed the record and Ms. Spain's motion.

The Special Master noted that to receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccination. The Special Master found that the records submitted by Ms.

Spain did not demonstrate entitlement to an award under the Program, as she did not meet the statutory requirements. Consequently, the Special Master dismissed the case and ordered that judgment be entered against Ms.

Spain. The decision was issued on February 7, 2020.