Sarah Volpi v. HHS - Influenza, post-vaccination myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
Sarah Volpi filed a petition alleging that an influenza vaccination received on January 8, 2013, caused her to suffer post-vaccination myelitis. She filed her petition with the Court of Federal Claims on January 6, 2016.
After investigating the facts and science, Ms. Volpi concluded that she would be unable to prove her entitlement to compensation under the National Vaccine Injury Compensation Program.
Consequently, on October 31, 2016, she moved for a decision to dismiss her petition. Respondent did not oppose this motion.
To receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused their injury. The record did not contain evidence of a Table Injury, nor did it contain persuasive evidence that the influenza vaccination caused Ms.
Volpi's alleged myelitis. Because the medical records were insufficient to prove her claim and she did not file a supportive expert opinion, the case was dismissed for insufficient proof.
The decision was issued on November 29, 2016.
Source PDFs
USCOURTS-cofc-1_16-vv-00023