Thomas Bade v. HHS - Influenza, transverse myelitis (2021)

Thomas Bade filed a pro se petition on December 9, 2020, alleging that an influenza vaccination he received on October 28, 2015, caused him to develop transverse myelitis. The case proceeded with multiple status conferences and extensions granted to Mr.

Bade to file an expert report, citing his wife's health issues and his own financial and medical difficulties. Respondent argued that Mr.

Bade's transverse myelitis actually began in 2010, prior to the vaccination, and that he had not presented a medical theory connecting the vaccination to his condition. Mr.

Bade stated that his most severe symptoms occurred a few weeks after the vaccination and that he believed it caused or aggravated his condition, but he was unable to afford a medical expert. As compensation under the National Vaccine Injury Compensation Program requires proof of a medical theory connecting the vaccine to the injury, supported by medical records or a physician's opinion, and Mr.

Bade could not provide an expert report, his claim was denied. The court granted respondent's motion to dismiss due to the petitioner's inability to establish entitlement.