Tori Dreyer v. HHS - Hepatitis B, optic neuritis and/or other ophthalmological abnormalities (2019)

Tori Dreyer filed a petition on August 5, 2019, alleging that a hepatitis B vaccine administered on February 13, 2017, caused optic neuritis and/or other ophthalmological abnormalities. The respondent recommended against compensation.

The petitioner did not allege a Table injury and therefore carried the burden to prove causation-in-fact. Following an initial status conference on May 17, 2019, during which the Special Master ordered the petitioner to file updated records and an expert report, the petitioner consulted with a neuro-ophthalmology expert.

On August 2, 2019, the petitioner filed a motion to dismiss her own petition, stating that while she strongly believed the vaccine caused her visual disturbances, she could not satisfy her burden of proof in the Vaccine Program. The petitioner acknowledged that dismissal would result in a judgment against her, ending her rights in the Program, but noted she could apply for fees and costs and intended to preserve her right to file a civil action.

The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was caused-in-fact by a covered vaccine. The petitioner did not allege a Table injury, and the medical records did not establish causation-in-fact between the hepatitis B vaccine and her condition.

Although she had consulted an expert, the expert's opinion had not been filed. Therefore, the Special Master granted the petitioner's motion to dismiss the case for insufficient proof.

Judgment was entered against the petitioner. Special Master Thomas L.

Gowen issued the decision on August 30, 2019. Petitioner's counsel was Andrew D.

Downing, and respondent's counsel was Mollie D. Gorney.