Mikayla Luzecky v. HHS - Varicella, disseminated varicella vaccine-strain viral disease and vaccination cerebellitis (2020)

Mikayla Luzecky alleged that a varicella vaccination received on August 23, 2011, caused her to develop disseminated varicella vaccine-strain viral disease and vaccination cerebellitis. She filed her petition on February 14, 2019, alleging symptoms of fatigue and leg weakness within weeks of the vaccination.

Ms. Luzecky initially sought compensation for an on-Table condition.

The Secretary of Health and Human Services opposed compensation, arguing that Ms. Luzecky had not established a diagnosis of disseminated varicella vaccine-strain viral disease.

While the case survived an initial motion to dismiss, Ms. Luzecky was unable to obtain a supportive expert opinion to establish her diagnosis.

Consequently, she moved for a decision dismissing her petition, conceding that she would be unable to prove entitlement to compensation. The court granted her motion, dismissing the case due to the lack of a medical opinion to support the diagnosis and the statute of limitations barring the claim, as the petition was filed more than 36 months after the onset of symptoms.