Randall Schutz v. HHS - Tdap, increased neuropathy and possible ASIA syndrome (2023)
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.
Source PDFs
USCOURTS-cofc-1_21-vv-01103