Kathleen Mosier v. HHS - Influenza, Chronic Fatigue Syndrome (2017)

Kathleen Mosier filed a petition on April 4, 2016, alleging that a Flulaval Quadrivalent influenza vaccination she received on December 15, 2014, caused her to develop Chronic Fatigue Syndrome. After retaining counsel, she filed an amended petition on December 30, 2016.

The medical records indicated that her neurologist diagnosed her with an 'allergic reaction' to the flu vaccination with a 'possible Autoimmune disorder consistent with chronic fatigue syndrome' on August 15, 2014, though the onset of symptoms was alleged to be approximately 45 days after vaccination. The petitioner later filed a motion to dismiss her own petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation.

She understood this dismissal would end her rights in the Vaccine Program. The court found that the petitioner failed to demonstrate either a Table Injury or that her injuries were actually caused by the vaccination.

Consequently, the case was dismissed for insufficient proof.