Lora Thomas v. HHS - Influenza, pain, limited range of motion, and weakness in her right shoulder and upper arm (2018)

Filed 2016-06-22Decided 2018-07-30Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Lora Thomas filed a petition on June 22, 2016, alleging that the seasonal influenza vaccine she received on September 13, 2013, caused pain, limited range of motion, and weakness in her right shoulder and upper arm. The respondent was the Secretary of Health and Human Services.

The Special Master issued a Ruling on Onset on June 6, 2018, determining that Ms. Thomas's symptoms of right shoulder pain began around January 10, 2013.

This case was classified as an "off-Table" claim, meaning Ms. Thomas had to prove by a preponderance of the evidence that the vaccine caused her injury.

The Special Master noted that such claims require trustworthy expert testimony supported by medical literature. After evaluating the evidence, the Special Master concluded that Ms.

Thomas failed to offer sufficient evidence to establish that the vaccination caused her alleged injuries. Consequently, the petition was dismissed for insufficient proof of causation.

No compensation was awarded. The decision was issued by Special Master Mindy Michaels Roth.

Edward M. Kraus, Esq., represented the petitioner, and Ann D.

Martin, Esq., represented the respondent. The decision was originally filed on June 29, 2018, and formally issued on July 30, 2018.

Theory of causation

Petitioner Lora Thomas alleged that a September 13, 2013, influenza vaccination caused pain, limited range of motion, and weakness in her right shoulder and upper arm. The onset of symptoms was determined to be around January 10, 2013. This was an off-Table claim, requiring proof by a preponderance of the evidence that the vaccine caused the injury. The Special Master noted that such claims require trustworthy expert testimony supported by medical literature. The Special Master concluded that petitioner failed to offer sufficient evidence to establish causation and dismissed the petition. No experts were named in the public text. The decision was issued by Special Master Mindy Michaels Roth on July 30, 2018. Petitioner was represented by Edward M. Kraus, Esq., and respondent by Ann D. Martin, Esq.

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