Kristin Leara v. HHS - Influenza, right arm injury (2019)

Kristin Leara filed a petition for compensation under the National Vaccine Injury Compensation Program on February 25, 2019, alleging she suffered a right arm injury as a result of an influenza vaccination received on September 9, 2014. She claimed pain and disability in her right arm one day after receiving the vaccination in her left arm.

Ms. Leara submitted medical records but did not provide a medical expert report identifying a diagnosis or supporting a causal link between the vaccine and her condition.

The respondent argued that the medical records indicated her right arm symptoms predated the vaccination and that she failed to meet her burden of proof. The court directed Ms.

Leara to submit an expert opinion, but she indicated she would not be filing one. Subsequently, Ms.

Leara filed a motion to dismiss her own claim, stating that an investigation showed she would be unable to prove entitlement to compensation. The court dismissed the case for insufficient proof, noting that a petitioner must provide evidence beyond their own claims, such as medical records or expert opinions, to establish entitlement under the Vaccine Act.