Tara A. Gill v. HHS - Influenza, multiple sclerosis and immune deficiency (2016)

Filed 2016-02-11Decided 2016-02-11Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Tara A. Gill filed a petition alleging that a trivalent influenza vaccine administered on December 18, 2009, caused her to develop multiple sclerosis and immune deficiency.

On the same date, she also received an H1N1 influenza vaccine. The H1N1 vaccine is not covered under the Vaccine Injury Table and therefore not compensable.

The decision notes that to prove causation, a petitioner must establish a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship. The petitioner's counsel indicated that Ms.

Gill intended to pursue a civil suit against the vaccine manufacturers and moved to dismiss the case in the Court of Federal Claims. The Special Master granted this motion, dismissing the case.

The dismissal allows Ms. Gill to proceed with her civil action against the manufacturers.

No compensation was awarded as the case was dismissed.

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