Ilya Ben v. HHS - Influenza, polymyalgia rheumatica (2019)

Ilya Ben filed a petition on August 24, 2017, alleging that he developed polymyalgia rheumatica (PMR) as a result of an influenza vaccination he received on October 20, 2014. He claimed symptom onset on November 29, 2014.

The respondent, the Secretary of Health and Human Services, filed a report stating that Mr. Ben had not met his burden of proof.

Specifically, the respondent noted the absence of medical records or an expert report confirming the PMR diagnosis and pointed out that Mr. Ben experienced symptoms prior to his vaccination.

Mr. Ben initially requested an opportunity to submit an expert report but later decided against it.

He then requested a dismissal decision. The court found that there was insufficient evidence in the record to meet the burden of proof for compensation under the National Vaccine Injury Compensation Program.

Consequently, the case was dismissed for insufficient proof, and judgment was entered against Mr. Ben.