E.B.G. v. HHS - Meningococcal, encephalopathy (2020)

On April 17, 2019, Lesa Lyle, on behalf of her minor son E.B.G., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that E.B.G. suffered encephalopathy as a result of a meningococcal vaccination administered on April 22, 2016.

After investigating the facts and science supporting the case, the petitioner moved for a decision dismissing her petition on June 12, 2020. Petitioner stated that she was unable to prove entitlement to compensation under the Program and that proceeding further would be unreasonable, wasting the resources of the court, respondent, and the Vaccine Program.

Petitioner understood that a decision by the Special Master would result in a judgment against her, ending all her rights under the Vaccine Act, but intended to preserve her right to file a civil action. To receive compensation, a petitioner must prove either a "Table Injury" or that the vaccination actually caused the injury.

The public decision does not describe the specific clinical story, onset, symptoms, tests, treatments, or expert witnesses. In light of the petitioner's motion and a review of the record, Special Master Nora Beth Dorsey found that the petitioner was not entitled to compensation.

The case was dismissed, and judgment was entered against the petitioner. Petitioner's counsel was Milton Clay Ragsdale, and respondent's counsel was Lisa Ann Watts.