Jacqueline Robinson v. HHS - Prevnar 13, diffuse polyarthritis (2020)

Jacqueline Robinson filed a petition on June 27, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from diffuse polyarthritis following the Prevnar 13 vaccine she received on November 21, 2016.

The respondent, the Secretary of Health and Human Services, filed a report contesting entitlement on May 31, 2019. The petitioner requested and received several extensions of time to file an expert report.

However, no expert report was ever filed. On June 2, 2020, the petitioner filed a motion to dismiss, stating that she had determined she would be unable to prove entitlement to compensation and that proceeding further would unnecessarily expend the resources of the Court, the Respondent, and the Vaccine Program.

Special Master Katherine E. Oler noted that to receive compensation under the Vaccine Program, a petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury.

Furthermore, the petition must be supported by medical records or the opinion of a competent medical expert. As there was insufficient evidence in the record for the petitioner to meet her burden of proof, the Special Master dismissed the case for insufficient proof, in accordance with the petitioner's motion.

The Clerk was ordered to enter judgment accordingly. The decision was issued on June 3, 2020, and is designated as unpublished but will be posted on the Court of Federal Claims' website.