Debra Chuisano, As Legal Representative Of The Estate Of Frances D’esposito, Deceased v. HHS - Influenza, pneumonia and sepsis, adult respiratory distress syndrome due to pneumococcal pneumonia and sepsis, congestive heart failure (2014)

Frances D’Esposito, born in 1942, received an influenza vaccine on October 12, 2004. Four days later, she developed aches, fever, and a sore throat, and was diagnosed with a viral syndrome.

She was admitted to the hospital on October 18, 2004, for breathing difficulties, with initial diagnoses of pneumonia and sepsis. Her condition deteriorated, and she died on December 24, 2004.

Her death certificate attributed the cause of death to adult respiratory distress syndrome due to pneumococcal pneumonia and sepsis. Her daughter, Debra Chuisano, acting as legal representative of the estate, believed her mother died as a result of the flu vaccine and pursued a claim under the National Childhood Vaccine Injury Act.

The claim was filed on June 28, 2007, just before the statute of limitations expired. The petitioner's counsel, Conway, Homer & Chin-Caplan (CHC-C), filed a skeletal petition and later sought to obtain medical records and expert opinions.

Despite efforts by CHC-C and later by substitute counsel, Robert Moxley, no expert was willing to opine on causation, and no medical records or opinions supported a causal link between the flu vaccine and Ms. D’Esposito's death.

The special master denied compensation, finding that the petitioner failed to demonstrate either a Table injury or that her injuries were actually caused by the vaccination. The court affirmed the special master's denial of attorneys' fees and costs, finding that the claim lacked a reasonable basis due to the absence of evidentiary support for causation and delayed due diligence by counsel.