Joanne Arena v. HHS - Influenza, death (2017)
Case summary [AI summaries can sometimes make mistakes]
Stephanie Mulroy, as legal representative of the estate of her sister Joanne Arena, filed a petition alleging that an influenza vaccination received by Ms. Arena on November 8, 2013, caused her death on November 10, 2013.
The petitioner collected medical records and filed a statement of completion. Respondent filed a Rule 4(c) Report recommending against compensation.
Both parties filed expert reports. During a status conference, the court ordered supplemental expert reports.
However, the petitioner's neuropathologist, Dr. Douglas Miller, was unable to provide a supportive opinion after reviewing the file.
The petitioner then stated she was unable to prove entitlement to compensation. The court found that the petitioner failed to demonstrate either a Table Injury or that Ms.
Arena's death was caused-in-fact by the influenza vaccination. Consequently, the case was dismissed for insufficient proof.
Source PDFs
USCOURTS-cofc-1_15-vv-01324