Dorothy Linginfelter v. HHS - Influenza, arm pain, bursitis, and tendinitis (2016)

Filed 2015-07-31Decided 2016-04-22Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Dorothy Linginfelter filed a petition alleging that an influenza vaccine administered on October 15, 2014, caused her to develop arm pain, bursitis, and tendinitis. She sought medical treatment for depression on November 7, 2014, but did not complain about her arm at that visit.

Her first complaint about arm pain was on February 6, 2015, four months after vaccination. The petitioner later filed a motion to dismiss her petition, stating she would be unable to prove entitlement to compensation.

The court granted the motion and dismissed the case, finding that the petitioner failed to make a prima facie case of causation in fact. The court noted that the petitioner did not file an expert report and her medical records did not substantiate her allegations, particularly the four-month delay in reporting arm pain.

Additionally, pre-vaccination medical records indicated prior injuries to her right arm from repetitive falls. The case was dismissed for failure to establish causation.

Source PDFs 2 total · 1 downloaded