Debra Kelly v. HHS - Influenza, significant aggravation of chronic inflammatory demyelinating polyneuropathy ("CIDP") (2017)

Filed 2015-10-21Decided 2017-07-05Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Debra Kelly filed a petition alleging that an influenza vaccine she received on October 23, 2012, caused a significant aggravation of her pre-existing chronic inflammatory demyelinating polyneuropathy (CIDP). The medical records indicated that her CIDP was worsening before the vaccination and that her subsequent worsening was attributed by her medical treaters to IVIG treatments, not the flu shot.

When her treatment was switched to plasmapheresis, her condition improved. The court noted that the petitioner failed to provide an expert medical opinion to support her claim.

Furthermore, the petitioner repeatedly failed to respond to orders to show cause why the case should not be dismissed, requesting multiple extensions of time over approximately one year. Ultimately, the petition was dismissed for failure to prosecute, failure to comply with court orders, and failure to make a prima facie case of causation.

No award was granted.

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