Alexia Pena v. HHS - MMR, chronic arthritis (2025)

Alexia Pena filed a petition alleging that she suffered from chronic arthritis as a result of the Measles, Mumps, and Rubella (MMR) vaccine she received on October 29, 2019. She worked to obtain her medical records and filed a statement of completion.

The Secretary of Health and Human Services disputed that Ms. Pena had chronic arthritis, arguing instead that the records supported a diagnosis of seropositive rheumatoid arthritis and that she could not proceed on a Table claim.

The Secretary further argued that Ms. Pena had not met her burden under Althen for a causation-in-fact claim.

The case was transferred to the Special Master, who ordered Ms. Pena to file an expert report.

After extensions, Ms. Pena's counsel stated they had been unable to retain an expert.

Ms. Pena then moved for a decision dismissing her petition, stating that an investigation demonstrated she would be unable to prove entitlement to compensation.

The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or a physician's opinion. As Ms.

Pena did not provide an expert report to support her claim of vaccine causation, there was insufficient evidence. Therefore, the case was dismissed with prejudice for insufficient proof.