M.J. v. HHS - Influenza, autoimmune hepatitis (2021)

Tom and Beata Walerych Janus filed a petition on March 12, 2019, on behalf of their child, M.J., alleging that an influenza vaccine administered on October 24, 2017, caused or significantly aggravated autoimmune hepatitis. The respondent, the Secretary of Health and Human Services, filed a report contesting entitlement.

Following procedural delays and status conferences, the petitioners moved for a dismissal of their petition on April 28, 2021, stating their intent to preserve their right to file a civil action in the future. The Secretary did not respond to this motion.

Special Master Christian J. Moran noted that to receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a Table injury or that the vaccine actually caused the injury, supported by medical records or a physician's opinion.

In this case, the petitioners filed medical records but did not obtain an expert report or provide evidence from a treating doctor indicating the vaccine harmed M.J. Consequently, the evidence did not preponderate in favor of finding causation.

The Special Master granted the petitioners' motion for a decision and dismissed the case with prejudice for insufficient proof. The decision was issued on July 13, 2021.