Garland Rucker v. HHS - Influenza, transverse myelitis (2020)

Garland Rucker filed a petition for compensation under the National Vaccine Injury Compensation Program on February 5, 2019, alleging he suffered transverse myelitis after receiving an influenza vaccine on October 18, 2016. The Special Master, Nora Beth Dorsey, previously issued a ruling on September 30, 2020, finding that Mr.

Rucker's symptoms of numbness began in September 2016, which was prior to his vaccination date. Based on this factual finding, Mr.

Rucker subsequently filed a motion on October 30, 2020, requesting that his case be dismissed. He stated that an investigation of the facts and science supporting his case demonstrated he would be unable to prove entitlement to compensation and that further proceedings would be unreasonable and a waste of resources for the Court, the respondent, and the Vaccine Program.

Mr. Rucker acknowledged that a decision by the Special Master would result in a judgment against him and that this judgment would terminate all of his rights under the Vaccine Act.

The Special Master reviewed the record and Mr. Rucker's motion.

To receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccination. The public decision does not describe the specific clinical story, expert testimony, or the mechanism of injury.

The Special Master found that Mr. Rucker did not meet the statutory requirements for compensation, referencing the Federal Circuit's explanation that eligibility requirements are threshold criteria.

Consequently, the Special Master dismissed the case and ordered that judgment be entered against Mr. Rucker.

The case was dismissed on November 24, 2020. Petitioner's counsel was Lawrence Gene Michel of Kennedy, Berkley, et al.

Respondent's counsel was Althea W. Davis of the U.S.

Department of Justice. The Special Master was Nora Beth Dorsey.