David Carroll Cox v. HHS - Hepatitis B, motor neuron disease, Amyotrophic Lateral Sclerosis (“ALS”), and death (2021)

Dawna Cox, acting as administratrix for the estate of David Carroll Cox, filed a petition alleging that Hepatitis B vaccinations administered on January 14, 2016, and February 16, 2016, caused David Cox to develop motor neuron disease, Amyotrophic Lateral Sclerosis (ALS), and ultimately led to his death. The petitioner later filed a motion to dismiss her own petition, stating that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation under the National Vaccine Injury Compensation Program.

The court noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, nor persuasive evidence that the Hepatitis B vaccine caused the alleged injuries.

Furthermore, the medical records were deemed insufficient to prove the claim, and no supportive expert opinion was filed. Consequently, the case was dismissed for insufficient proof.