Jacqueline Bejarano, On Behalf Of M.F.B. v. HHS - Hepatitis B, epilepsy, seizures, and/or hemiplegia (left non-dominant side) (2024)

On November 29, 2021, Jacqueline Bejarano, on behalf of her minor son M.F.B., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that M.F.B. suffered epilepsy, seizures, and/or hemiplegia (left non-dominant side) as a result of receiving Hepatitis B, Rotavirus, and PCV13 vaccinations on December 2, 2020.

Petitioner also alleged in the alternative that these conditions were significantly aggravated by the vaccines. After investigating the facts and science, Petitioner concluded that she would be unable to prove M.F.B. was entitled to compensation and that proceeding further would be unreasonable and a waste of resources.

On December 9, 2024, Petitioner filed an unopposed motion to dismiss her petition. Respondent had no objection to the dismissal.

Special Master Herbrina D.S. Young noted that to receive compensation, Petitioner must prove either a Table Injury or that the vaccine caused the injury.

The record did not contain evidence of a Table Injury, nor persuasive evidence that the vaccines caused or significantly aggravated M.F.B.'s alleged injuries. The public decision states that the medical records were insufficient to prove the claim and that Petitioner had not filed a supportive expert opinion.

Therefore, the case was dismissed for insufficient proof. The Clerk was ordered to enter judgment accordingly.