Arthur Binkowitz v. HHS - Influenza, significant aggravation of a pre-existing neuropathy (2018)

Arthur Binkowitz filed a petition on January 13, 2017, alleging that the influenza vaccine he received on January 14, 2014, caused a significant aggravation of a pre-existing neuropathy. The respondent, the Secretary of Health and Human Services, filed a report contesting entitlement.

The Special Master discussed the case's viability with the parties and directed Mr. Binkowitz to file an expert report by March 30, 2018.

The deadline was later extended to May 18, 2018, after Mr. Binkowitz's counsel indicated they were working with an expert.

However, Mr. Binkowitz subsequently filed a motion to voluntarily dismiss his claim, stating he would be unable to prove entitlement.

The decision notes that the record lacked evidence of a Table injury and did not contain a medical expert's opinion or other persuasive evidence that the flu vaccine caused the alleged aggravation of neuropathy. As the petition was not supported by sufficient evidence, the case was dismissed for insufficient proof.