Mary Capri v. HHS - Tdap, anaphylaxis (2024)

Mary Capri filed a petition alleging that various vaccines, including MMR, varicella, Tdap, influenza, Hepatitis B, and COVID-19, caused her to develop a recurring autoimmune anaphylaxis and Guillain-Barré Syndrome. She also claimed TB tests caused her condition.

The court noted significant issues with her filings, including inconsistent vaccination records and a lack of contemporaneous medical evidence to support her claims. The I-CARE records submitted were found to be unreliable, with one indicating a varicella vaccine in 1968, a year before it was licensed.

The court determined that only the Tdap vaccine administered on October 1, 2015, was sufficiently substantiated, but the petition was filed more than seven years after this vaccination, exceeding the statute of limitations for most alleged injuries. Furthermore, TB tests, COVID-19 vaccines, and Zoster vaccines are not covered by the Vaccine Program.

Despite numerous opportunities, Ms. Capri failed to provide adequate medical records to demonstrate a vaccine injury.

Consequently, the petition was dismissed for failure to prosecute and comply with court orders.