Susan Grigola v. HHS - Influenza, rheumatoid arthritis (2017)

Susan Grigola filed a petition on September 16, 2015, alleging that an influenza vaccine received on October 4, 2012, caused her to develop rheumatoid arthritis. The case was complicated by Ms.

Grigola's death from acute myelocytic leukemia on August 24, 2016. Her family, after thorough investigation and consultation, determined that they could not prove the vaccine was more likely than not the cause of her illness, nor that the vaccine caused her death.

The court noted that the record did not contain evidence of a Table Injury, nor could it be proven that the vaccine actually caused her rheumatoid arthritis. Respondent also disputed petitioner's expert's theory of causation.

Due to the litigative risks and the potential for limited damages, coupled with the difficulty of proving causation, the parties did not reach a settlement. Consequently, on May 23, 2017, petitioner's counsel filed a motion for a decision dismissing the petition, which the Special Master granted.

The case was dismissed for insufficient proof, and judgment was entered accordingly.