Bryson Liberty v. HHS - Pneumococcal, transverse myelitis (2019)

Bryson Liberty filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2018, alleging that he suffered transverse myelitis as a result of a pneumococcal vaccination (Prevnar-13) he received on December 3, 2015. The respondent, the Secretary of Health and Human Services, noted that medical records were still outstanding.

Following multiple extensions and status conferences, Bryson Liberty filed a motion to dismiss his own claim on November 25, 2019. He indicated that he would likely be unable to meet his burden of proof to establish entitlement to compensation.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that the petition must be supported by medical records or expert opinion. As there was insufficient evidence in the record for Bryson Liberty to meet his burden of proof, the case was dismissed for insufficient proof.

No award was granted.