Wendy Wright v. HHS - MMR, neurological injury (2024)

Wendy Wright filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a neurological injury from an MMR vaccine received on September 23, 2020. The petition was filed on February 9, 2024.

After an initial investigation, Ms. Wright's counsel determined that she would likely be unable to meet her burden of proof to establish entitlement to compensation.

Consequently, Ms. Wright filed a motion to dismiss her own petition, understanding that this would result in a judgment against her.

The court noted that to receive compensation, a petitioner must prove either an "on-Table" injury or an "off-Table" injury actually caused by a vaccine. For off-Table injuries, petitioners must satisfy the three prongs established in Althen v.

Sec’y of Health & Hum. Servs., which include a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship.

Ms. Wright had not submitted evidence to establish these prongs, such as an expert report, and had admitted she could not establish entitlement.

Therefore, the court granted her motion, dismissing the case for insufficient proof.