Ronald Schneider v. HHS - Pneumococcal, Bilateral Brachial Plexitis (2020)

Ronald Schneider filed a petition for compensation under the National Vaccine Injury Compensation Program on June 13, 2018, alleging that he suffered Bilateral Brachial Plexitis as a result of a pneumococcal conjugate vaccine (PCV13) he received on June 15, 2015. He submitted his initial petition, a statement of completion, additional medical records, and an expert report.

The Respondent filed a Rule 4(c) Report contesting entitlement and requesting dismissal, along with their own expert report. The Special Master suggested that a responsive expert report from a neurologist would be helpful, and Petitioner was granted 180 days to file one.

However, Petitioner later filed a status report indicating he had not yet seen a doctor for his injuries. Subsequently, Petitioner filed a motion to dismiss his own claim, stating that further investigation demonstrated he would be unable to prove entitlement to compensation.

The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that claims must be supported by medical records or expert opinion, not solely by the petitioner's claims. Finding insufficient evidence in the record for Petitioner to meet his burden of proof, and in accordance with his motion, the case was dismissed for insufficient proof.