Crystal Cloud v. HHS - Influenza, ulnar nerve damage/brachial plexitis (2019)

Crystal Cloud filed a petition on September 30, 2016, under the National Vaccine Injury Compensation Program, alleging that she suffered ulnar nerve damage and brachial plexitis as a result of an influenza vaccine received on October 2, 2013. The respondent was the Secretary of Health and Human Services.

On March 21, 2019, Petitioner submitted a Motion to Dismiss her petition, conceding that without an expert report to support her claim, she was unable to prove entitlement to compensation under the Program. The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury, nor persuasive evidence that the flu vaccine caused her alleged injuries. The public decision does not describe the specific symptoms, medical records, or expert opinions that were considered insufficient, nor does it name any specific experts.

Consequently, the case was dismissed for insufficient proof. The Clerk of Court was directed to enter judgment.