Nettie J. Foxx v. HHS - Influenza, thoracic pain (2016)
Case summary [AI summaries can sometimes make mistakes]
Nettie J. Foxx filed a petition for vaccine compensation on September 19, 2016, alleging that an influenza vaccination caused her to develop thoracic pain, radiating into her lower back and cervical regions.
The decision notes that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, nor did it provide persuasive evidence that the alleged injury was vaccine-caused.
The court emphasized that claims cannot be based solely on the petitioner's assertions and must be supported by medical records or a competent physician's opinion. Since the petitioner failed to offer sufficient medical records or a supporting medical opinion, her claim could not be substantiated.
Consequently, the case was dismissed for insufficient proof. The respondent did not file a response to the petitioner's motion for dismissal.
Source PDFs
USCOURTS-cofc-1_15-vv-00670