Audrey Walton v. HHS - Influenza, brachial neuritis (2020)

Audrey Walton filed a petition for compensation under the National Vaccine Injury Compensation Program on October 18, 2017, alleging that she suffered from brachial neuritis resulting from a Fluvirin influenza vaccination received on October 22, 2014. She submitted medical records, physical therapy records, and an expert report.

Respondent filed a report indicating the case was not appropriate for compensation. Subsequently, Petitioner filed a motion to dismiss, stating that an investigation demonstrated she would be unable to prove entitlement to compensation.

The Special Master 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 expert opinion. In this case, the Special Master found insufficient evidence in the record for Petitioner to meet her burden of proof.

Therefore, the case was dismissed for insufficient proof.