Karen Crawford v. HHS - Influenza, rheumatoid arthritis (2021)
Case summary [AI summaries can sometimes make mistakes]
Karen Crawford filed a petition on March 21, 2017, alleging that the influenza vaccine she received on October 13, 2014, caused her to develop rheumatoid arthritis. The respondent is the Secretary of Health and Human Services.
A dispute arose regarding the onset of Ms. Crawford's symptoms, which the Special Master ultimately determined, by preponderant evidence, began on January 5, 2015, approximately three months after her vaccination.
Both parties presented expert reports: Dr. Nahm for the petitioner and Dr.
Miner for the respondent. The Special Master noted weaknesses in the petitioner's evidence concerning the Althen prongs, particularly regarding causation and onset timing.
The Special Master issued a tentative finding against entitlement on May 24, 2021, citing these weaknesses. On August 18, 2021, Ms.
Crawford moved to dismiss her petition, stating it would be unreasonable to proceed. The Special Master granted this motion, construing it as a motion for involuntary dismissal under 42 U.S.C. § 300aa-21(b) to protect the petitioner's right to file a civil action.
The case was dismissed with prejudice for insufficient proof. No compensation was awarded.
Special Master Christian J. Moran issued the decision on September 7, 2021.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Sarah B.
Rifkin of the United States Department of Justice.