Rachel Garcia v. HHS - Hepatitis B, optic neuritis and vision loss (2023)

Rachel Garcia filed a petition on March 11, 2021, alleging that she suffered optic neuritis and vision loss as a result of a Hepatitis B vaccine received on March 9, 2018. After initiating the claim, Petitioner submitted medical records and affidavits.

Respondent filed a report on December 23, 2022, recommending dismissal. The court issued an order on January 17, 2023, directing Petitioner to file an expert report addressing the diagnosis.

On April 27, 2023, Petitioner filed a status report indicating she would not be filing an expert report due to challenges with the accuracy of the diagnosis and weighing damages. Petitioner sought to withdraw her claim to conserve judicial resources and stated her intent to elect to reject the Vaccine Program judgment to preserve her right to file a civil action in the future.

The court found that dismissal was appropriate under RCFC 41(a)(2) as Petitioner could not prevail due to diagnostic challenges and insufficient proof. The case was dismissed for insufficient proof, and judgment was entered accordingly.