Danessa Smith v. HHS - Hepatitis B, Lichen Planus (2019)

On July 13, 2018, Danessa Smith filed a petition alleging that she suffered Lichen Planus as a result of receiving a Hepatitis B vaccination on June 18, 2016. The respondent filed a report recommending denial of compensation.

Petitioner's counsel was Bridget Candace McCullough of Muller Brazil, LLP. Respondent's counsel was Ryan Daniel Pyles of the U.S.

Department of Justice. On September 23, 2019, petitioner indicated difficulty in filing an expert report and proposed to inform the court of her next steps, either finding an alternative to address issues or exiting the program.

A further status report on November 6, 2019, indicated a proposal to file a letter from her treating physician. However, on December 6, 2019, petitioner filed a motion to dismiss her petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation.

Petitioner acknowledged that a dismissal would result in a judgment against her and end her rights in the Vaccine Program. Special Master Daniel T.

Horner noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a covered vaccine. This requires demonstrating, by preponderant evidence, a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship.

The Special Master found no evidence of a "Table Injury" and that petitioner's medical records did not support her allegations by a preponderance of the evidence, nor did she file a supporting medical opinion from an expert. Accordingly, the Special Master granted the petitioner's motion and dismissed the petition for failure to establish a prima facie case.

The decision was issued on December 6, 2019.