J.H.S. v. HHS - Influenza, acute disseminated encephalomyelitis (2021)

Jessica Scheyder filed a claim for vaccine compensation on April 17, 2019, on behalf of her minor child, J.H.S. The claim alleged that J.H.S. received an influenza vaccine on April 18, 2016, and subsequently developed acute disseminated encephalomyelitis (ADEM).

The respondent is the Secretary of Health and Human Services. Special Master Mindy Michaels Roth issued a decision on July 6, 2021.

The petitioner filed a motion for a dismissal decision on June 10, 2021. To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate that the injury is listed on the Vaccine Injury Table and corresponds to the vaccination, or that the injury was actually caused by the vaccine.

The record in this case did not contain evidence of a "Table Injury." Furthermore, the public decision states that the record lacked persuasive evidence that J.H.S.'s alleged injury was vaccine-caused or vaccine-related. The Vaccine Act requires that a petition be supported by medical records or the opinion of a competent physician.

The public decision noted that the petitioner did not offer any expert medical opinion to support a finding of entitlement, and the available medical records were insufficient. Consequently, the case was dismissed for insufficient proof.

Petitioner's counsel was Brian Cinelli, Esq., of Marcus & Cinelli, LLP. Respondent's counsel was Benjamin Warder, Esq., of the U.S.

Dept. of Justice. The Special Master was Mindy Michaels Roth.