Heather Jarusewski v. HHS - Meningococcal, alopecia universalis (2021)

Heather Jarusewski filed a petition on August 23, 2021, on behalf of her minor son, L.S.J., alleging that he suffered vaccine-induced alopecia universalis resulting in baldness after receiving meningococcal and human papillomavirus (HPV) vaccines on June 12, 2018, and a second dose of the same vaccines on August 14, 2018. Medical records were filed in support of the claim.

The respondent, the Secretary of Health and Human Services, filed a report on March 17, 2021, asserting that compensation was not appropriate. Following an extension of time to file an expert report, the petitioner filed a motion to dismiss her own petition on August 20, 2021.

In the motion, she explained that she was unable to obtain expert support for her claim from a dermatologist, although she did have immunologist support. The petitioner also indicated her intention to preserve her rights to file a civil action in the future and elected to reject any Vaccine Program judgment resulting from dismissal.

The respondent did not respond to the motion. Chief Special Master Brian H.

Corcoran granted the motion to dismiss with prejudice. The decision noted that the petitioner acknowledged insufficient evidence in the record to meet her burden of proof and insufficient reliable scientific proof for the causation theory.

The dismissal was designated with prejudice because the petitioner was unable to obtain a dermatologist to support or attribute L.S.J.'s condition to the vaccinations, despite fair opportunity. The public decision does not describe the specific onset or symptoms of the condition, nor does it detail any specific treatments.

The decision does not name the immunologist who provided support, nor does it name the petitioner's counsel, Harrison Whitten Long, or respondent's counsel, Kimberly Shubert Davey, beyond their appearances. No award amount or annuity terms were determined as the case was dismissed.