Shannon Mercer v. HHS - Influenza, Bell's palsy and sensory neuropathy in her left arm and hand (2020)

Filed 2017-10-17Decided 2020-02-05Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Shannon Mercer alleged that an influenza vaccination on October 20, 2014, caused her to develop Bell's palsy and sensory neuropathy in her left arm and hand. She filed her petition with the Court of Federal Claims on October 17, 2017.

After the parties engaged in litigation and settlement discussions, and Ms. Mercer was granted multiple extensions to file her expert report, she moved to dismiss her own petition on December 19, 2019.

Ms. Mercer stated she was unable to secure further evidence to prove entitlement to compensation.

The Secretary of Health and Human Services did not respond to the motion. The Special Master granted the motion, construing it as an involuntary dismissal due to the petitioner's intent to preserve her rights for future civil action.

The case was dismissed for insufficient proof, as Ms. Mercer conceded she could not establish a Table Injury or causation.

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