Donna Wissbaum v. HHS - Influenza, neuromyelitis optica ("NMO") aggravated by vaccines (2019)

Donna Wissbaum filed a petition alleging that the influenza and pneumococcal polysaccharide vaccines she received on October 22, 2014, significantly aggravated her pre-existing neuromyelitis optica (NMO). She stated that she had terminated steroid treatment five days prior to the vaccinations, making it impossible to isolate any alleged vaccine injury from the resurgence of her pre-existing condition due to the steroid withdrawal.

Consequently, Ms. Wissbaum moved to dismiss her petition, believing she had no reasonable cause to proceed.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or a competent physician's opinion. In this case, the record lacked persuasive evidence of a Table Injury or causation, and the medical records were insufficient.

Therefore, the case was dismissed for insufficient proof.