Erica Evans, M.D. v. HHS - Influenza, orthostatic hypotension due to autonomic nervous system dysfunction that can be triggered by vaccination, intermittent numbness and tingling in extremities, and residual physical and psychological symptoms (2016)

Erica Evans, M.D., an adult, filed a petition alleging that an influenza vaccination received on October 7, 2009, caused her to develop orthostatic hypotension, tingling in her extremities, and residual physical and psychological symptoms. She initially filed her petition on October 17, 2012.

The respondent is the Secretary of Health and Human Services. Dr.

Evans later amended her petition on December 15, 2014, to detail her alleged injuries. The petitioner's expert, Dr.

David Axelrod, opined that she suffered from dysautonomia with neurogenic orthostatic hypotension caused by cytokine release after vaccination. However, the Special Master noted concerns about an unclear diagnosis, onset timing, a potential pre-existing condition, and incomplete testing.

The parties' experts could not agree on a diagnosis related to the vaccine, and a neuropsychological evaluation was ordered. Due to difficulties in retaining a neuropsychiatrist, the petitioner's counsel stated that the alleged injuries remained unclear.

Consequently, Dr. Evans filed a motion to dismiss her own petition, recognizing she would likely be unable to meet her burden of proof.

The court found that the record lacked persuasive evidence connecting the alleged injuries to the vaccination and that the medical records and expert opinion were insufficient to establish entitlement. Therefore, the petition was dismissed for insufficient proof.