Lauren Jankowski v. HHS - Influenza, idiopathic thrombocytopenic purpura (2018)

On May 31, 2017, Lauren Jankowski filed a petition on behalf of her minor child, L.J., alleging that L.J. suffered from idiopathic thrombocytopenic purpura (ITP) as a result of an influenza vaccine received on November 18, 2014. The petition was filed pursuant to the National Vaccine Injury Compensation Program.

The case progressed, and on June 29, 2018, the petitioner filed a motion to dismiss the petition. In the motion, the petitioner conceded that an investigation of the facts and science supporting her case demonstrated that she would be unable to prove entitlement to compensation under the Program.

The respondent did not object to the motion. To receive compensation, a petitioner must prove either that the injury is listed on the Vaccine Injury Table corresponding to the vaccination or that the vaccine actually caused the injury.

The public decision states that an examination of the record did not uncover any evidence that L.J. suffered a "Table Injury." Furthermore, the record was found to not contain persuasive evidence that L.J.'s alleged injury was caused by the flu vaccine. The decision noted that under the Act, petitions cannot be based solely on claims alone and must be supported by medical records or the opinion of a competent physician.

In this case, the medical records were deemed insufficient to prove the claim, and the petitioner had not filed a supportive expert opinion. Consequently, the case was dismissed for insufficient proof by Special Master Herbrina Sanders.

The Clerk was directed to enter judgment accordingly.