Lynn Botsaris v. HHS - Influenza, Parsonge-Turner Syndrome (brachial neuritis) (2017)

Filed 2016-10-18Decided 2017-02-02Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Lynn Botsaris filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Parsonage-Turner Syndrome, also known as brachial neuritis, as a result of an influenza vaccine she received on September 26, 2013. The petition was filed on October 18, 2016.

After reviewing the case, Ms. Botsaris moved for a decision to dismiss her petition, acknowledging that she lacked sufficient evidence to prove entitlement to compensation.

She stated that an investigation revealed she would be unable to prove her injury was vaccine-caused. To receive compensation, a petitioner must demonstrate either a Table Injury or that a covered vaccine actually caused their injury.

The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence to establish vaccine causation. Consequently, the court found that the petition was not supported by sufficient medical records or opinions to demonstrate a vaccine injury.

The case was denied and dismissed for insufficient proof, resulting in a judgment against Ms. Botsaris.

Source PDFs 1 total · 1 downloaded