Nico Ghasemipor v. HHS - DTaP, still birth (2020)

Nico Ghasemipor filed a petition alleging that his wife suffered a still birth as a result of a DTaP vaccination administered on August 22, 2019. The petition was filed on January 3, 2020.

The court noted that the petitioner had filed some medical records but failed to provide evidence that his wife actually received the DTaP vaccine. The records indicated the vaccine was discussed for a future visit, not administered.

Following a status conference and an Order to Show Cause, the petitioner did not submit any further evidence of vaccination. The court reviewed the medical records, which showed the wife was pregnant and had ultrasounds, but none documented the DTaP vaccination.

The decision noted that the fetus was delivered stillborn on August 24, 2019, two days after the alleged vaccination date. An autopsy was performed but findings were unspecific.

Ultimately, the court dismissed the case for failure to prosecute and insufficient proof, stating that without evidence of vaccination, the claim could not proceed under the Vaccine Act. The court expressed sympathy for the petitioner's loss.