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

Filed 2017-05-31Decided 2018-08-08Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

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.

Theory of causation

Petitioner Lauren Jankowski, on behalf of minor L.J., alleged that an influenza vaccine administered on November 18, 2014, caused idiopathic thrombocytopenic purpura (ITP). The petition was filed on May 31, 2017. On June 29, 2018, Petitioner moved to dismiss, conceding inability to prove entitlement to compensation. The Special Master's decision noted that the record lacked evidence of a "Table Injury" and did not contain persuasive evidence that the flu vaccine actually caused L.J.'s alleged ITP. The medical records were deemed insufficient, and no supportive expert opinion was filed. The case was dismissed for insufficient proof by Special Master Herbrina Sanders on August 8, 2018. Petitioner's counsel was Mark T. Sadaka, and Respondent's counsel was Heather L. Pearlman.

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