Steven Jahn v. HHS - Influenza, transverse myelitis (2022)
Case summary [AI summaries can sometimes make mistakes]
On September 13, 2021, Steven Jahn, proceeding pro se, filed a petition in the National Vaccine Injury Compensation Program alleging he suffered transverse myelitis (TM) as a result of an influenza vaccination administered on September 11, 2018. The petition was filed by Petitioner Steven Jahn, with Petitioner's counsel being Steven Jahn.
The respondent is the Secretary of Health and Human Services, represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.
Special Master Nora Beth Dorsey presided over the case. The case was dismissed for failure to prosecute and insufficient proof.
Petitioner failed to appear at two scheduled status conferences, on October 21, 2021, and November 2, 2021. Following the second missed conference, an order was issued on November 2, 2021, requesting Petitioner file medical records and an affidavit.
Petitioner missed the January 4, 2022, deadline for these records, and although granted a 60-day extension, he missed the subsequent deadline of March 7, 2022. Another 60-day extension was granted, with a warning that failure to comply could result in an order to show cause.
Petitioner missed this third deadline on May 20, 2022. Consequently, on May 24, 2022, an Order to Show Cause was issued, warning that the case would be dismissed if Petitioner did not file evidence of receiving the flu vaccine and suffering from TM.
Petitioner contacted the Special Master's chambers multiple times in July 2022. On July 27, 2022, Petitioner emailed requesting a motion for an extension of time, which was granted, extending the deadline for medical records and an affidavit to September 26, 2022, with a final warning of dismissal for failure to prosecute if the deadline was missed.
Petitioner missed this fourth deadline on September 26, 2022. The public decision does not describe the specific symptoms, medical tests, or treatments related to the alleged TM.
No expert reports were filed by the Petitioner. The Special Master noted that Petitioner failed to provide any evidence of receiving the flu vaccine or suffering from TM, and no vaccination or medical records were filed.
The Special Master found that Petitioner failed to prove by preponderant evidence that the vaccination caused any injury, referencing the standard set in Althen v. Sec’y of Health & Hum.
Servs., 418 F.3d 1274, 1280 (Fed. Cir. 2005).
The case was dismissed with prejudice for failure to prosecute and insufficient proof, and Petitioner was found not entitled to compensation. The decision was initially filed on November 7, 2022, and reissued for public availability on December 27, 2022.
Theory of causation
Petitioner Steven Jahn alleged that an influenza vaccination on September 11, 2018, caused transverse myelitis (TM). The case was dismissed by Special Master Nora Beth Dorsey for failure to prosecute and insufficient proof. Petitioner failed to provide any evidence of vaccination, medical records, or an affidavit demonstrating the alleged injury. No expert reports were filed. The Special Master found that Petitioner failed to prove by preponderant evidence that the vaccination caused any injury, as required under the Vaccine Act, and thus was not entitled to compensation. The decision was issued on November 7, 2022, and reissued for public availability on December 27, 2022. Petitioner was pro se, and respondent counsel was Catherine Elizabeth Stolar. No specific mechanism of injury or Table 1 theory was presented or discussed due to the lack of evidence.
Source PDFs
USCOURTS-cofc-1_21-vv-01846