Ralph F. Harper v. HHS - Influenza, transverse myelitis (2020)

Ralph F. Harper filed a petition for compensation under the National Vaccine Injury Compensation Program on June 28, 2019, alleging he developed transverse myelitis as a result of the flu and pneumococcal conjugate vaccines he received on September 28, 2016.

After reviewing the record and consulting with the Special Master, Mr. Harper concluded he would be unable to prove entitlement to compensation.

He filed an unopposed motion to dismiss his petition, stating that proceeding further would be unreasonable and waste resources. Respondent did not object to the dismissal.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor persuasive evidence that the vaccines caused Mr.

Harper's alleged transverse myelitis. The medical records were deemed insufficient to prove the claim, and no supportive expert opinion was filed.

Consequently, the case was dismissed for insufficient proof.