Jenna Karakatsanis v. HHS - Influenza, transverse myelitis (2019)
Case summary [AI summaries can sometimes make mistakes]
Jenna Karakatsanis filed a petition alleging that the influenza and Tdap vaccines she received on October 8, 2014, caused her to develop transverse myelitis (TM). The case progressed through initial filings, and the respondent filed a Rule 4(c) report contesting entitlement, noting the absence of a formal TM diagnosis in the medical records.
A treating neurologist had discussed the possibility of TM but could not reach a firm diagnosis due to a lack of confirming MRI evidence and unremarkable spinal fluid testing. The court granted the petitioner multiple extensions of time to obtain evidence of a definitive TM diagnosis, including physician statements or expert reports.
Despite numerous status reports and an order to show cause, the petitioner was unable to provide medical records, a definitive diagnosis, or an expert report connecting her condition to the vaccines. Consequently, the court dismissed the case for insufficient proof and failure to prosecute, as the petitioner did not meet her burden of demonstrating entitlement to compensation under the National Vaccine Injury Compensation Program.
Source PDFs
USCOURTS-cofc-1_16-vv-01511