Geoffrey Miller v. HHS - Tdap, shoulder injury (2023)

Geoffrey Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021, alleging he suffered a shoulder injury from a Tdap vaccine received on July 30, 2020. Petitioner was represented by Ronald C.

Homer of Conway, Homer, P.C., and the respondent was the Secretary of Health and Human Services, represented by Heather L. Pearlman of the U.S.

Department of Justice. Petitioner did not initially file supporting documentation with the petition.

Although required to file additional documents, including a statutorily required affidavit, Petitioner submitted medical records between April 16, 2021, and June 10, 2022, but never filed the affidavit. On July 5, 2023, Petitioner's counsel informed the court that, after reviewing the medical records, he could not proceed with the claim and had advised Petitioner, who then indicated he did not wish to continue.

On October 6, 2023, Petitioner filed a motion to dismiss the petition, stating that counsel was unable to continue representation and that Petitioner had provided written consent to dismiss. Chief Special Master Brian H.

Corcoran noted that to receive compensation, a petitioner must prove either a "Table Injury" or an injury not on the Table that was actually caused by a listed vaccine. Petitioner alleged a Table claim for his shoulder injury.

However, after counsel's review, Petitioner indicated the records did not support the claim and requested dismissal. Furthermore, Petitioner failed to submit the required affidavit addressing prior civil actions or awards related to the alleged injury.

Consequently, Petitioner failed to establish entitlement to compensation. The case was dismissed for insufficient proof, and the clerk was ordered to enter judgment accordingly.

Petitioner has the option to file a notice of election rejecting the judgment within 90 days to bring a civil action.