Laura Weishaar v. HHS - Influenza, demyelinating polyneuropathy (2018)

Laura Weishaar, acting as the natural daughter of Loretta Nordtvedt and on behalf of the Estate of Loretta Nordtvedt, filed a petition on September 28, 2017, under the National Vaccine Injury Compensation Program. The petition alleged that Loretta Nordtvedt suffered a demyelinating polyneuropathy and subsequently died as a result of an influenza vaccine administered on September 10, 2014.

Petitioner's counsel was Danielle A. Strait of Maglio, Christopher & Toale.

Respondent's counsel was Darryl R. Wishard of the United States Department of Justice.

On June 4, 2018, Petitioner moved for a Decision Denying Compensation, conceding that she would be unable to prove entitlement to compensation under the Program. Respondent did not object to this motion.

Special Master Herbrina Sanders noted that to receive compensation, a petitioner must prove either a Table Injury or that the injury and death were actually caused by the vaccine. The public decision states that an examination of the record did not uncover evidence of a Table Injury.

Furthermore, the record lacked persuasive evidence that the alleged injury and death were caused by the flu vaccine. The decision emphasized that awards cannot be based solely on claims; they must be supported by medical records or a competent physician's opinion.

In this case, the medical records were deemed insufficient to prove the claim, and no expert opinion was provided. Consequently, Special Master Sanders dismissed the case for insufficient proof and directed the Clerk to enter judgment accordingly.

The decision was issued on July 3, 2018.