Kathleen Harman v. HHS - Influenza, systemic toxicity injuries (2017)

Kathleen Harman filed a petition under the National Vaccine Injury Compensation Program alleging that she developed systemic toxicity injuries as a result of receiving an influenza vaccine on October 15 or 16, 2010. After filing her petition on January 30, 2017, Ms.

Harman moved for a dismissal decision, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation. She understood that a dismissal would result in a judgment against her, ending all her rights in the Program.

Respondent did not oppose the motion. To receive compensation, a petitioner must prove either a "Table Injury" or that the vaccination actually caused the injury, supported by medical records or a physician's opinion.

The record did not contain evidence of a Table Injury, nor did Ms. Harman allege one.

Despite diligent efforts by two attorneys and on her own, she was unable to find or produce supportive expert testimony to causally link her medical events to the vaccination. Therefore, the case was dismissed for insufficient proof, and judgment was entered accordingly.