Junious Nielsen v. HHS - MMR, chronic arthritis and anaphylaxis, rubella, migraines, and chronic fatigue (2024)

Junious Nielsen filed a petition alleging that his MMR vaccines received on November 14, 1994, and September 9, 1998, caused him to suffer from chronic arthritis, anaphylaxis, rubella, migraines, and chronic fatigue. Mr.

Nielsen, who is an adult, initially filed his petition on May 13, 2024. He was ordered to provide medical records to establish his vaccination dates and diagnoses, and to address the timeliness of his petition.

He later filed an amended petition on May 30, 2024, referencing the same vaccines and alleging similar side effects. However, the medical records submitted were not in Mr.

Nielsen's name; they belonged to a Junious M. Burgos, who received an MMR vaccine in 1994 and 2022, but not 1998.

These records did not indicate a diagnosis of any of the conditions Mr. Nielsen alleged, except for a migraine prescription and a report of resolving fatigue.

Instead of providing a status report, Mr. Nielsen filed a motion to dismiss his case on July 27, 2024, stating he lacked the evidence and resources to proceed.

The court construed this as a motion for involuntary dismissal. Because Mr.

Nielsen failed to provide sufficient evidence, including medical records in his name or an expert report, to support his claim of vaccine causation, the court dismissed the case with prejudice for insufficient proof. The decision was issued on October 3, 2024.