Morgan Adele Garrison v. HHS - Meningococcal, vision change, nausea, numbness in her legs and feet, cognitive changes, allergies, headaches, and a weakened immune system (2019)

Filed 2019-11-06Decided 2019-11-27Vaccine Meningococcal
dismissed

Case summary [AI summaries can sometimes make mistakes]

Morgan Adele Garrison filed a petition on November 6, 2019, alleging that a meningococcal B vaccine administered on August 9, 2016, caused her to suffer vision change, nausea, numbness in her legs and feet, cognitive changes, allergies, headaches, and a weakened immune system. The petition was filed by Russell W.

Lewis, IV, of Johnson Law Group. The respondent was represented by Colleen C.

Hartley of the United States Department of Justice. The public decision does not describe the petitioner's age at vaccination or provide specific medical records detailing the onset or progression of her alleged symptoms.

Petitioner did not allege a "Table Injury" as defined by the National Childhood Vaccine Injury Act of 1986. Regarding an "off-Table" injury, the petitioner acknowledged that she had not provided sufficient medical records or expert opinions to support a finding of entitlement.

Consequently, on November 5, 2019, the petitioner filed a motion to dismiss her own petition, stating that she had not met her burden of proof after considering her personal circumstances and the resources of the court, respondent, and the Vaccine Program. The respondent did not oppose the motion.

Special Master Thomas L. Gowen granted the petitioner's motion, dismissing the case for insufficient proof and entering judgment against the petitioner.

The decision does not specify whether the petitioner elected to reject the judgment and file a civil action. The public decision does not detail any award amount or annuity terms.

Theory of causation

Petitioner Morgan Adele Garrison alleged that a meningococcal B vaccine administered on August 9, 2016, caused vision change, nausea, numbness in her legs and feet, cognitive changes, allergies, headaches, and a weakened immune system. The petition was filed on November 6, 2019, by Russell W. Lewis, IV. The respondent was represented by Colleen C. Hartley. Petitioner did not allege a "Table Injury" and did not provide medical records or expert opinions to support an "off-Table" injury claim. Petitioner subsequently filed a motion to dismiss her petition for insufficient proof, which was granted by Special Master Thomas L. Gowen on November 27, 2019. The case was dismissed for insufficient proof, and judgment was entered against the petitioner. No award was made. The public decision does not describe the specific mechanism of causation, name any medical experts, or detail the evidence presented.

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