Russell Probst v. HHS - tetanus, personality changes including loss of patience, loss of interest in life, being easily angered, as well as a loss of taste, a loss of thirst, and insomnia (2024)

Russell Probst filed a petition alleging that a tetanus vaccine administered on November 30, 2019, caused him to suffer personality changes, including loss of patience, being easily angered, loss of interest in life, and also a loss of taste, loss of thirst, and insomnia. The petition was filed on December 1, 2022.

During the course of the proceedings, the court directed Mr. Probst to file an amended petition reflecting an injury of encephalopathy.

However, Mr. Probst subsequently filed a motion to dismiss, stating that an investigation of the facts and science demonstrated he would be unable to provide the information requested by the court to supplement his claim.

He concluded that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the Vaccine Program. The court noted that to receive compensation, a petitioner must prove either a Table injury or that the vaccine actually caused the injury.

The record did not contain evidence of a Table injury, nor persuasive evidence that the alleged injuries were caused by the vaccine. Furthermore, the petition lacked the required supporting medical records or a competent physician's opinion on causation.

Consequently, the case was dismissed for insufficient proof.