Barbara Dolan v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2019)

Filed 2017-11-30Decided 2019-07-31Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Barbara Dolan filed her petition on November 30, 2017, alleging that an influenza vaccination administered on October 15, 2015 caused Chronic Inflammatory Demyelinating Polyneuropathy, or CIDP. She was represented by Jeffrey S.

Pop. The public dismissal decision does not describe Dolan's onset, neurologic symptoms, diagnostic testing, treatment, or disease course.

It does not include expert reports or a causation analysis addressing whether the flu vaccine caused CIDP. Instead, the decision explains why the case ended procedurally before entitlement or damages were decided.

Dolan died on March 2, 2019, from causes the public status report described as unrelated to the Vaccine Act action. Her death certificate was filed on May 1, 2019.

At a status conference the next day, counsel informed the Special Master that Dolan's husband and named executor did not wish to continue the case. The Special Master then gave the estate a deadline to substitute a proper party and file a motion under Rule 25(a)(1) if anyone intended to proceed.

No substitution motion was filed. On July 31, 2019, Special Master Christian J.

Moran dismissed the petition for failure to prosecute. The dismissal was not an entitlement ruling on whether the October 2015 influenza vaccine caused CIDP, and no injury compensation was awarded.

Theory of causation

Influenza vaccine on October 15, 2015 allegedly causing Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). DISMISSED for failure to prosecute after petitioner died on March 2, 2019 from causes reported as unrelated to the Vaccine Act case and no proper party moved for substitution under Rule 25(a)(1). Public dismissal decision gives no onset timeline, neurological findings, testing, treatment, experts, Althen analysis, or biological mechanism. Decision: Special Master Christian J. Moran, July 31, 2019. No injury compensation awarded. Petition filed November 30, 2017. Attorney: Jeffrey S. Pop.

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