Ashley Voag v. HHS - Tdap, anaphylaxis, premature labor, dermatitis, and pruritic erythematous rash (2022)

Ashley Voag filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2020, alleging that she suffered from anaphylaxis, premature labor, dermatitis, and pruritic erythematous rash as a result of a Tdap vaccine she received on October 16, 2017. She submitted supporting medical records and a statement of completion.

Respondent filed a Rule 4(c) report indicating the case was not appropriate for compensation. On May 2, 2022, Petitioner filed a Motion to Dismiss, stating she understood it would be unlikely to establish entitlement and that proceeding further would be unreasonable.

She acknowledged that a dismissal would result in judgment against her and that she intended to reject the judgment to file a civil action. The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or expert opinion.

In this case, there was insufficient evidence for Petitioner to meet her burden of proof. Therefore, the case was dismissed for insufficient proof, and judgment was entered accordingly.