Deborah Bohm v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2016)

Filed 2016-03-02Decided 2016-05-25Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Deborah Bohm filed a petition on March 2, 2016, alleging that an influenza vaccination she received on or about November 1, 2012, caused her to suffer from Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) and that her symptoms persisted for more than six months. After some medical records were filed, Ms.

Bohm filed an unopposed motion requesting a dismissal of her claim, stating that an investigation demonstrated she would be unable to prove entitlement to compensation. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence indicating that the vaccination caused or aggravated her alleged injury. The filed medical records also did not support her claim.

As a petitioner cannot be awarded compensation based solely on their claims, and must be supported by medical records or a physician's opinion, the court found insufficient evidence to meet her burden of proof. Therefore, the case was dismissed for insufficient proof.

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