Cary A. Johnson v. HHS - Influenza, multitude of neurologic and other injuries (2018)

Cary A. Johnson filed a petition on September 12, 2016, seeking compensation under the National Vaccine Injury Compensation Program.

She alleged that she developed a multitude of neurologic and other injuries as a result of a trivalent influenza vaccination received on October 8, 2014. After filing medical records and a statement of completion, the respondent filed a report contesting entitlement and requesting dismissal.

The petitioner was instructed to file an expert report, but requested and received several extensions of time. During a status conference, the petitioner's counsel indicated that an expert had reviewed the records and that counsel was awaiting direction from the petitioner on how to proceed.

The petitioner subsequently filed a motion to dismiss her claim, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that a vaccine actually caused the injury, and that the petition must be supported by medical records or a competent medical expert's opinion.

As there was insufficient evidence in the record for the petitioner to meet her burden of proof, the case was dismissed for insufficient proof. The decision was issued on January 2, 2018.