Ruby Best-McRae v. HHS - Influenza, fever, sore throat, dizziness, and bloodshot eyes (2018)

Ruby Best-McRae filed a petition pro se on November 9, 2017, alleging that an influenza vaccination caused her to develop a fever, sore throat, dizziness, and bloodshot eyes. David Rogers later substituted in as petitioner's counsel of record on April 4, 2018.

The respondent was the Secretary of Health and Human Services. To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine.

The record in this case did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that Ms. Best-McRae's alleged symptoms were vaccine-caused or vaccine-related.

The Program requires claims to be supported by medical records or a competent physician's opinion, neither of which was provided by Ms. Best-McRae.

On August 9, 2018, Ms. Best-McRae filed a Motion for Dismissal Decision.

Special Master Mindy Michaels Roth issued a decision on September 4, 2018, dismissing the case for insufficient proof, as Ms. Best-McRae failed to demonstrate entitlement to an award.

Judgment was entered accordingly. The public decision does not describe the specific onset of symptoms, any medical tests performed, or treatments received.

The decision does not name any medical experts or discuss a specific mechanism of causation.