James E. Black v. HHS - Influenza, systemic allergy symptoms and an egg allergy (2018)

James E. Black filed a petition on October 7, 2016, seeking compensation under the National Vaccine Injury Compensation Program.

He alleged that he developed systemic allergy symptoms and an egg allergy as a result of an influenza vaccination he received on October 11, 2013. After filing initial medical records, Mr.

Black filed his Statement of Completion. The Respondent filed a Rule 4(c) Report contesting entitlement.

Mr. Black was given deadlines to file an expert report, but instead filed a motion for judgment on the administrative record.

Following a status conference, Mr. Black notified the Court of his intent to file a request for a dismissal decision.

He subsequently filed a motion to dismiss his non-table claim, stating that an investigation revealed he would be unsuccessful in proving entitlement to compensation. The Court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that the petition must be supported by medical records or a competent medical expert's opinion.

In this case, the Court found insufficient evidence in the record for Mr. Black to meet his burden of proof.

Therefore, the case was dismissed for insufficient proof.