Stephanie DiMasi v. HHS - Influenza, small fiber neuropathy and postural orthostatic tachycardia syndrome (POTS) (2019)

Filed 2015-12-02Decided 2019-11-07Vaccine Influenza
denied

Case summary [AI summaries can sometimes make mistakes]

Stephanie DiMasi alleged that an influenza vaccination administered on December 4, 2012, caused her small fiber neuropathy and postural orthostatic tachycardia syndrome (POTS). The case proceeded as an off-Table claim, with Ms.

DiMasi arguing causation-in-fact. However, the Special Master found that Ms.

DiMasi's medical records indicated symptoms related to small fiber neuropathy and POTS predated the vaccination, dating back to at least 2008. Because Ms.

DiMasi explicitly stated she was not pursuing a significant aggravation claim, and the evidence showed pre-existing conditions, her claim for compensation was denied. Judgment was entered on December 11, 2019.

Ms. DiMasi later sought relief from judgment, alleging attorney abandonment and missed deadlines.

The Special Master denied these motions, finding no extraordinary circumstances or attorney abandonment, and that Ms. DiMasi had not diligently acted to preserve her rights.

This decision was subsequently reviewed and upheld by the Court of Federal Claims, which found no abuse of discretion in the Special Master's denial of relief.

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