Elvira Cruz v. HHS - Influenza, status asthmaticus, respiratory failure, renal failure, and acute critical illness myopathy (2019)

Elvira Cruz, an adult, received an influenza vaccination on September 9, 2014. She alleged that this vaccination caused or significantly aggravated her subsequent status asthmaticus, respiratory failure, renal failure, and acute critical illness myopathy, with residual injuries lasting more than six months.

The petition was filed on February 14, 2017, and amended on September 11, 2017. The medical records did not establish causation for either a Table injury or an off-Table injury.

Furthermore, Ms. Cruz did not submit an expert report to support her claim for an off-Table injury.

Consequently, she did not meet her burden of proof. On February 13, 2019, Ms.

Cruz filed a motion to dismiss her claim, intending to preserve her right to file a civil action in the future. The respondent did not oppose the motion.

The Special Master granted the motion and dismissed the case for insufficient proof.