Randall Schutz v. HHS - Tdap, increased neuropathy and possible ASIA syndrome (2023)

Filed 2021-03-23Decided 2023-11-15Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

Randall Schutz filed a petition on March 23, 2021, alleging that he developed "increased neuropathy" and "possible ASIA syndrome" as a result of a tetanus, diphtheria, acellular pertussis (Tdap) vaccine he received on March 27, 2018. The Secretary of Health and Human Services argued that ASIA is not a defined and recognized injury and that there was no reliable evidence of a change in Mr.

Schutz's condition following vaccination, noting the absence of an expert report on causation and that medical records documented peripheral neuropathy both prior to and after vaccination. The public decision does not describe the specific onset or symptoms of Mr.

Schutz's alleged condition, nor does it name any medical providers or experts. Mr.

Schutz was repeatedly ordered by the court to file medical records and status reports to prosecute his case, including a response to an order to show cause by November 3, 2023. He failed to comply with these court orders and did not file any response.

Consequently, Special Master Christian J. Moran dismissed the case for insufficient evidence and failure to prosecute, stating it was not a sanction.

No compensation was awarded. The decision was issued on November 15, 2023.

Theory of causation

Petitioner Randall Schutz alleged injury of increased neuropathy and possible ASIA syndrome following a Tdap vaccination on March 27, 2018. The case was dismissed for failure to prosecute and insufficient evidence. The public decision does not describe a specific medical theory of causation, nor does it name any experts. The respondent argued that ASIA is not a recognized injury and that medical records showed peripheral neuropathy both before and after vaccination without reliable evidence of a change in condition post-vaccination. Petitioner failed to provide medical records or an expert report to support a causation-in-fact claim, which requires a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship. Petitioner also failed to comply with court orders to file status reports and medical records, leading to dismissal. Special Master Christian J. Moran issued the decision on November 15, 2023. Attorneys listed were Steven K Jambois for petitioner and Debra A. Filteau Begley for respondent. No award was made.

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