Antonio Carabillo v. HHS - Tdap, facial swelling and rashes in his lower extremities (2025)

Antonio Carabillo filed a claim alleging that the Tdap, hepatitis B, and pneumococcal vaccines he received on January 15, 2018, caused him to suffer from facial swelling and rashes in his lower extremities, or significantly aggravated this condition. His petition was filed on January 7, 2021.

Over the next three years, Mr. Carabillo and his counsel struggled to gather evidence to support the claim.

Respondent argued that petitioner had not presented a medical theory connecting the vaccines to his alleged injuries, nor had he established a medically recognizable diagnosis. The case faced significant procedural hurdles, including difficulties in communication between Mr.

Carabillo and his attorney, John F. McHugh.

Mr. McHugh eventually moved to withdraw from representation, citing the lack of evidence and difficulty reaching his client.

The court issued an Order to Show Cause, directing Mr. Carabillo to demonstrate why his case should not be dismissed for failure to prosecute and present minimally competent evidence.

Mr. Carabillo did not respond to this order.

The court found that Mr. Carabillo had not met his burden of proof, as he did not present evidence of a Table injury and failed to establish a causation-in-fact claim by preponderant evidence, including a medical theory, logical sequence of cause and effect, and proximate temporal relationship.

The court also noted that the petition was not supported by medical records or a competent physician's opinion. Consequently, the case was dismissed for insufficient evidence and failure to prosecute.