Andrea Owens-Bachmann v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2017)

Filed 2016-12-30Decided 2017-10-16Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Andrea Owens-Bachmann filed a petition on December 30, 2016, alleging that she developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of an influenza vaccine received on October 9, 2013. The petitioner later filed a motion to dismiss her own case, stating that an investigation of the facts and available science demonstrated she would be unable to prove entitlement to compensation.

The court noted that the record did not contain persuasive evidence that the injury was caused by the vaccine, as the onset date was too far removed from the vaccination for a sufficient cause-in-fact analysis. Furthermore, the petitioner failed to provide an expert report to support her claim, and the medical records were insufficient to establish entitlement.

Consequently, the case was dismissed for insufficient proof on May 18, 2017. Subsequently, on October 16, 2017, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $4,000, payable jointly to the petitioner and her counsel, to settle all legal expenses incurred in the matter.

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