Patrick W. Wilson v. HHS - Tdap, rheumatoid arthritis (2020)

Filed 2019-05-14Decided 2020-10-29Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

Patrick W. Wilson filed a claim under the National Childhood Vaccine Injury Act alleging that he suffered pain, illness, disabilities, injuries, and conditions as a result of Tdap vaccines received on November 1, 2018.

Initially, his petition alleged general injuries, but he later amended it to specifically claim rheumatoid arthritis. The respondent filed a report recommending against compensation.

Subsequently, Mr. Wilson filed a motion to dismiss his own petition, indicating that his investigation suggested he could not provide sufficient evidence to entitle him to compensation under the Act and that proceeding further might not be prudent.

He understood that this dismissal would result in a judgment against him and end his rights in the Vaccine Program. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that a covered vaccine actually caused the injury, requiring a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship.

The decision stated that Mr. Wilson's medical records did not support his allegations by a preponderance of the evidence, and he did not file an expert medical opinion.

Therefore, the Special Master granted Mr. Wilson's motion, dismissing the petition for failure to establish a prima facie case of entitlement to compensation.

Source PDFs 2 total · 1 downloaded