Linda Roche v. HHS - Influenza, polymyalgia rheumatica and fibromyalgia (2016)

Linda Roche filed a petition for vaccine compensation on February 5, 2016, alleging that the influenza and Tdap vaccinations she received on November 15, 2013, caused her to develop polymyalgia rheumatica and fibromyalgia. The petition was filed in the National Vaccine Injury Compensation Program.

Ms. Roche was represented by Paul R.

Brazil, Esq., and the respondent, the Secretary of Health and Human Services, was represented by Althea W. Davis, Esq.

Special Master Mindy Michaels Roth presided over the case. To be eligible for compensation, a petitioner must demonstrate either a "Table Injury" corresponding to a vaccination or prove that the injury was actually caused by a vaccine.

The record in this case did not contain evidence of a "Table Injury." Furthermore, the public decision stated that the record did not provide persuasive evidence that the alleged injuries were vaccine-caused. The decision emphasized that a petitioner cannot receive an award based solely on their claims; the petition must be supported by medical records or a competent physician's opinion.

In this instance, there were insufficient medical records and no supporting medical opinion offered by the petitioner. Consequently, Ms.

Roche moved to dismiss her own petition on January 14, 2016. The case was subsequently dismissed for insufficient proof, and judgment was entered accordingly.