Karen C. Lewis v. HHS - Influenza, polymyalgia rheumatica and giant cell arteritis (2016)

Karen Lewis filed a petition on September 25, 2015, alleging that her September 25, 2012, influenza vaccine caused polymyalgia rheumatica and giant cell arteritis. She submitted medical records and affidavits, but on October 26, 2015, her counsel informed the court that Ms.

Lewis had passed away on October 8, 2015. The Secretary of Health and Human Services filed a report arguing against causation, noting a lack of physician support for the alleged link and questioning the seven-hour onset time.

During a status conference, the parties discussed whether a surviving spouse or children would open an estate to continue the litigation. However, Ms.

Lewis's surviving spouse, Dexter Lewis, also passed away on March 4, 2016. Her counsel then learned that no estate would be opened for Ms.

Lewis. The court consulted Rule 25 of the Rules of the Court of Federal Claims, which requires a motion for substitution of a party within 90 days of a statement noting death.

As no such motion was filed, the court dismissed the case on August 22, 2016, due to the lack of a proper plaintiff to maintain the action.