Chester Godek v. HHS - Tdap, polymyalgia rheumatica (2021)

Chester Godek alleged that a Tdap vaccine he received on March 25, 2016, caused him to suffer polymyalgia rheumatica (PMR). He filed a petition on January 22, 2019.

Over the next two years, Mr. Godek repeatedly sought extensions of time to file an expert report from Dr.

Zizic, citing various professional demands and the pandemic. However, Dr.

Zizic ultimately declined to provide an expert report due to insufficient evidence to explain a reliable biological mechanism for causation. Mr.

Godek then moved for a ruling on entitlement, having only submitted medical literature and no expert report. The respondent argued that Mr.

Godek failed to demonstrate a Table injury and did not provide sufficient evidence establishing a causal connection. The court found that the evidence did not allow a finding that Mr.

Godek's PMR was caused by the vaccine, as literature alone was insufficient without expert testimony. Consequently, the case was dismissed with prejudice for insufficient proof.