Kesha M. Story v. HHS - Influenza, transverse myelitis (2019)

Kesha M. Story filed a petition for vaccine compensation on May 9, 2017, alleging that the influenza vaccine caused her to develop transverse myelitis.

The case progressed, and on July 1, 2019, Ms. Story filed a Motion for Dismissal Decision requesting that her case be dismissed.

To receive compensation under the Program, a petitioner must prove either a Table Injury or that their injury was actually caused by a vaccine. The court found that the record did not contain evidence of a Table Injury, nor did it contain persuasive evidence that Ms.

Story's transverse myelitis was vaccine-caused or vaccine-related. The court noted that the petition must be supported by medical records or a competent physician's opinion, and Ms.

Story had offered no such opinion supporting entitlement. Consequently, the court determined that Ms.

Story failed to demonstrate entitlement and dismissed the case for insufficient proof.