Stanley K. Paul v. HHS - Influenza, polymyalgia rheumatica and chronic inflammatory polyarthritis (2021)

Stanley K. Paul alleged that the influenza vaccine he received on October 27, 2015, caused him to suffer polymyalgia rheumatica and chronic inflammatory polyarthritis.

He filed a petition with the Court of Federal Claims on January 17, 2017. The Secretary of Health and Human Services challenged Mr.

Paul's alleged diagnoses and causation. After engaging in settlement discussions and depositions, the parties proceeded to present expert reports.

Mr. Paul's expert was Dr.

Gershwin, and the Secretary's expert was Dr. Miner.

Following a status conference discussing the expert reports and relevant case law, Mr. Paul filed a motion to dismiss his own petition on December 11, 2020.

He stated that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation and understood that a dismissal would result in a judgment against him. The Special Master construed this as a motion for involuntary dismissal.

The decision noted that the evidence weighed against a finding that Mr. Paul developed rheumatoid arthritis as a result of the flu vaccine, especially without additional evidence distinguishing it from prior cases.

Consequently, the Special Master granted the motion and dismissed the case with prejudice for insufficient proof, entering judgment accordingly.