Robert Viner v. HHS - Tdap, rheumatoid arthritis (2022)

Robert Viner filed a petition on March 27, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from rheumatoid arthritis (RA) after receiving the diphtheria-tetanus-pertussis (Tdap) vaccine on September 18, 2018.

To be eligible for an award, Mr. Viner was required to demonstrate either that his RA was a "Table Injury" listed in the Vaccine Injury Table or that it was actually caused by the Tdap vaccine.

The public decision does not describe the specific onset of symptoms, any diagnostic tests performed, or treatments received. The record did not contain evidence of a "Table Injury." Furthermore, the medical records were deemed insufficient to prove that the Tdap vaccine actually caused Mr.

Viner's alleged RA. Mr.

Viner stated that he was unable to retain an expert to support causation-in-fact, which he believed would make it impossible to prove his entitlement to compensation. Consequently, on December 19, 2021, Mr.

Viner filed a motion to dismiss his own petition, citing insufficient proof and the unreasonableness of further proceedings. Special Master Herbrina Sanders granted the motion to dismiss.

No award was made. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and Respondent was represented by Meghan Murphy of the U.S. Department of Justice.