Shirley Dew v. HHS - Influenza, vestibular neuronitis (2018)

Shirley Dew filed a petition on September 30, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered vestibular neuronitis as a result of an influenza vaccination administered on October 2, 2013.

After filing some medical records, Ms. Dew filed a Statement of Completion.

Respondent filed a report contesting her right to damages and suggesting denial. Ms.

Dew was given deadlines to file her expert report. On July 13, 2018, Ms.

Dew filed a motion to dismiss her non-Table claim, understanding that this would result in a judgment against her and end her rights in the Vaccine Program. To receive compensation, a petitioner must prove either a Table injury or that the vaccine actually caused the injury, supported by medical records or expert opinion.

In this case, the court found insufficient evidence in the record for Ms. Dew to meet her burden of proof.

Therefore, her claim could not succeed and was dismissed for insufficient proof. Judgment was entered accordingly.