A. Hart v. HHS - Influenza, pneumonia and chronic shortness of breath with and without exertion (2021)

A. Hart filed a petition on September 22, 2016, alleging that an influenza vaccine received on September 23, 2013, caused her to develop pneumonia and chronic shortness of breath with and without exertion.

The respondent was the Secretary of Health and Human Services. On December 16, 2020, the petitioner filed a motion to dismiss her own claim, stating that an investigation of the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation.

Petitioner concluded that she would be unable to prove a "Table Injury" and that the record lacked persuasive evidence of causation-in-fact. Furthermore, the petitioner stated that the medical records were insufficient to establish entitlement, and no sufficient expert report or medical literature was submitted.

Petitioner understood that a dismissal would result in a judgment against her, ending all rights in the Vaccine Program, but she could apply for fees and costs. The Special Master, Thomas L.

Gowen, granted the motion to dismiss, finding insufficient proof and ordering that judgment be entered against the petitioner. The dismissal means A.

Hart's rights in the Vaccine Program have ended. Petitioner's counsel was Carol A.

Thompson, and respondent's counsel was Voris E. Johnson.