Veronica Mendoza v. HHS - Tdap, Guillain-Barré syndrome (2022)
Case summary [AI summaries can sometimes make mistakes]
Veronica Mendoza filed a petition for compensation under the National Vaccine Injury Compensation Program on July 6, 2021, alleging she developed Guillain-Barré syndrome (GBS) after receiving Tdap, MMR, and varicella vaccinations on July 18, 2018. The vaccinations were administered in Juarez, Mexico, at a clinic approved by the U.S.
Department of State. The public decision does not describe the specific onset of symptoms, clinical presentation, diagnostic tests, or treatments related to Ms.
Mendoza's alleged GBS. Following an initial review, an order was issued on December 9, 2021, requiring Ms.
Mendoza to provide evidence that the vaccines were manufactured in the United States, as required by the Vaccine Act for compensation for vaccines received outside the U.S. Ms.
Mendoza received multiple extensions of time to obtain the necessary records. On August 4, 2022, Ms.
Mendoza filed a motion for a decision dismissing her petition, stating that she was unable to obtain proof that the vaccines administered were manufactured in the United States. Chief Special Master Brian H.
Corcoran granted the motion, dismissing the case because Ms. Mendoza failed to establish entitlement to compensation under the Vaccine Act due to insufficient proof regarding the vaccine's U.S. manufacture.
The public decision does not name petitioner counsel or respondent counsel. No award amount was granted as the case was dismissed.
Theory of causation
Petitioner Veronica Mendoza alleged Guillain-Barré syndrome (GBS) following Tdap, MMR, and varicella vaccinations received on July 18, 2018, in Juarez, Mexico. The case was dismissed because Petitioner failed to establish entitlement to compensation under the National Vaccine Injury Compensation Program. Specifically, for vaccines administered outside the United States, the Vaccine Act requires proof that the vaccines were manufactured by a U.S. manufacturer. Petitioner conceded she was unable to obtain this proof. The public decision does not describe the specific theory of causation, any medical experts, or the mechanism of injury. The case was dismissed by Chief Special Master Brian H. Corcoran on September 2, 2022, with judgment entered accordingly. Petitioner counsel was Laura Levenberg of Muller Brazil, LLP, and respondent counsel was Heather L. Pearlman of the U.S. Department of Justice. No award was made.
Source PDFs
USCOURTS-cofc-1_21-vv-01547