Maurice Drayton v. HHS - Tdap, brachial neuritis (2023)
Case summary [AI summaries can sometimes make mistakes]
Maurice Drayton filed a petition for vaccine compensation on April 9, 2021, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine caused him to develop brachial neuritis. The record did not contain sufficient evidence to establish entitlement to an award under the National Vaccine Compensation Program.
Specifically, the court found no evidence of a "Table Injury" and insufficient medical records or expert opinions to demonstrate that the alleged injury was vaccine-caused. On July 18, 2023, Mr.
Drayton filed a Notice of Voluntary Dismissal, and the case was subsequently dismissed for insufficient proof. No award was granted.
The Special Master Mindy Michaels Roth issued the decision. Petitioner's counsel was Paul Kinne, Esq., and respondent's counsel was Camille Webster, Esq.
The public decision does not describe the onset, symptoms, specific medical tests, or treatments related to the alleged brachial neuritis, nor does it name any medical experts or detail a specific mechanism of causation.
Theory of causation
Petitioner Maurice Drayton alleged that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine caused him to develop brachial neuritis. The Special Master Mindy Michaels Roth noted that to receive compensation, petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence, medical records, or a competent physician's opinion to demonstrate that the alleged brachial neuritis was vaccine-caused or vaccine-related. Petitioner filed a Notice of Voluntary Dismissal on July 18, 2023, and the case was dismissed for insufficient proof. No award was granted. Petitioner's counsel was Paul Kinne, Esq., and respondent's counsel was Camille Webster, Esq.
Source PDFs
USCOURTS-cofc-1_21-vv-01177