Azieb Kidane v. HHS - Influenza, unspecified adverse reaction; vomiting, heartburn, fever; sinus infection; physical deconditioning, back pain, right hip pain; chronic abdominal pain, irritable colon, disc disease, sciatica, bilateral sensory hearing loss, hyperlipidemia, multiple thyroid nodules, prediabetes, sialadenitis, cavernoma, hypertension, bursitis, gluteus medius or minimus syndrome, it band syndrome, gastroesophageal reflux disease, and vitamin B12 deficiency; gastroparesis; GERD; contusion of the scalp and of the coccyx (2018)

Azieb Kidane, a 58-year-old woman, filed a petition on September 12, 2017, alleging that an influenza vaccine received on September 1, 2014, caused an unspecified adverse reaction. Petitioner initially proceeded pro se and stated that the reaction began the day after vaccination, September 2, 2014, with symptoms of vomiting, heartburn, and fever.

She sought medical attention on September 3, 2014, and was diagnosed with a sinus infection. Petitioner later retained counsel, who filed medical records.

However, counsel reported an inability to obtain responses from petitioner, leading to a decision not to file further records. The medical records provided by Regions Hospital indicated a flu vaccination on September 1, 2014.

However, the records documented numerous other conditions and events unrelated to the vaccination, including physical deconditioning, back pain, right hip pain diagnosed on October 21, 2014, chronic abdominal pain, irritable colon, disc disease, sciatica, bilateral sensory hearing loss, hyperlipidemia, multiple thyroid nodules, prediabetes, sialadenitis, cavernoma, hypertension, bursitis, gluteus medius or minimus syndrome, IT band syndrome, gastroesophageal reflux disease, and vitamin B12 deficiency. Petitioner saw a gastroenterologist, Dr.

Daniel J. Virnig, on December 16, 2014, complaining of heartburn and abdominal pain that had returned around 2011 after an 18-year remission following antibiotic treatment in Africa.

A gastric emptying scan on March 2, 2015, showed gastroparesis. Petitioner reported her symptoms worsened after a car accident in the summer of 2014.

She also experienced right lower extremity pain related to car accidents, including one before 2006 and another in the summer of 2014. Petitioner continued to experience abdominal pain and reflux symptoms, believing her symptoms were worse since the 2014 car accident and expressing a desire for antibiotic treatment for H. pylori, which testing did not confirm.

On March 22, 2018, petitioner presented to the Emergency Department after an assault, diagnosed with contusion of the scalp and coccyx. Special Master Laura D.

Millman noted the absence of any mention of a vaccine injury in the medical records from 2014-2018. The Special Master found that the petition was filed beyond the three-year statute of limitations, as the alleged onset of symptoms was September 2, 2014, and the petition was filed on September 12, 2017.

Furthermore, the Special Master determined that petitioner failed to make a prima facie case of causation, as no medical opinion or sufficient medical records supported the claim, and the petition was dismissed for failure to prosecute, failure to make a prima facie case of causation, and for being filed outside the statute of limitations. Petitioner's counsel was Caryn S.

Fennell, and respondent's counsel was Amy P. Kokot.