Barbara Dolan v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2019)
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.
Source PDFs
USCOURTS-cofc-1_17-vv-01855