Joshua D. Howard v. HHS - Meningococcal, Parsonage Turner Syndrome/brachial neuritis (2025)

Joshua D. Howard filed a petition alleging that he suffered Parsonage Turner Syndrome/brachial neuritis as a result of a meningococcal vaccine administered on May 14, 2019.

The respondent argued that the claim should be dismissed because Mr. Howard did not allege a Table injury and failed to demonstrate causation-in-fact.

Subsequently, Mr. Howard moved for a dismissal of his own case, stating that an investigation of the facts and science supporting his claim demonstrated he would be unable to prove entitlement to compensation.

He further indicated that proceeding would be unreasonable and waste resources. Mr.

Howard requested a judgment against him so that he could preserve his right to file a civil action in the future by electing to reject the judgment. The court noted that to receive compensation, a petitioner must prove either a Table injury or that the injury was actually caused by a vaccine.

The court found that the record did not disclose sufficient evidence to establish a Table injury, nor did it contain a medical expert's opinion or other persuasive evidence indicating the alleged injury was vaccine-caused. Therefore, the case was dismissed for insufficient proof.