Erica Livingston v. HHS - Influenza, fibromyalgia (2022)

Erica Livingston alleged that the influenza vaccine she received on November 5, 2014, caused her to suffer from vaccine-induced widespread pain syndrome classified as fibromyalgia. She filed a petition with the Court of Federal Claims on October 27, 2017.

The case involved disputes over medical records and the diagnosis of her condition, with Ms. Livingston initially pursuing theories related to Epstein-Barr virus and Sjogren's syndrome before amending her petition to focus on fibromyalgia.

Both petitioner and respondent submitted expert reports. After extensive proceedings, including status conferences and expert report exchanges, Ms.

Livingston moved to dismiss her petition on December 5, 2022. She stated her understanding that dismissal would result in a judgment against her, allowing her to pursue a civil action.

The court construed this as a motion for involuntary dismissal. The decision noted that the evidence weighed against a finding of fibromyalgia and that without proof of the alleged injury, the case could not proceed.

Consequently, the Special Master granted the motion and dismissed the case with prejudice for insufficient proof.