Carmela Cianni v. HHS - Influenza, death (2018)

Fabrizio Cianni, as executor of the estate of Carmela Cianni, filed a petition alleging that Ms. Cianni suffered injuries and death as a result of an influenza vaccination received on November 10, 2015.

The petition was filed on August 24, 2016. The petitioner later filed a motion to dismiss the claim, stating that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation.

The petitioner understood that this dismissal would result in a judgment against him and end his rights in the Vaccine Program. The decision noted that to receive compensation, a petitioner must establish either a Table Injury or prove causation-in-fact.

In this case, there was no evidence of a Table Injury, requiring the petitioner to prove causation. The petitioner had submitted a report from two doctors with PhDs in biology who contended that vaccine components could cause immune dysregulation leading to kidney and heart failure.

However, the Special Master noted potential credibility issues with these doctors and that their report did not sufficiently explain their theory of causation, largely ignoring Ms. Cianni's significant pre-existing heart disease, kidney disease, and diabetes.

Respondent's experts, including a cardiologist, immunologist, and toxicologist, opposed the petitioner's theory and argued that Ms. Cianni's death was more likely caused by her pre-existing conditions.

The Special Master found respondent's expert reports persuasive and preliminarily believed that even if a prima facie case were established, respondent could demonstrate an alternative cause. The petitioner did not file any further materials in support of his claim and instead moved for dismissal.

Consequently, the Special Master agreed that the petitioner would be unable to prove entitlement and dismissed the case for insufficient proof, with judgment entered against the petitioner.