Thirza Arlene Bagley v. HHS - Influenza, herpes simplex virus encephalitis (2019)

Jeana Milton, as personal representative of the estate of Thirza Arlene Bagley, filed a petition on December 19, 2017, alleging that influenza and zoster-shingles vaccines received on March 8, 2015, caused herpes simplex virus encephalitis, leading to cardiorespiratory arrest and Ms. Bagley's death on December 20, 2015.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on September 14, 2018, stating that compensation was not appropriate. The petitioner initially sought an expert opinion to support the claim but was unable to find one, as indicated in a status report filed on January 9, 2019.

Consequently, the petitioner filed a motion to dismiss the case on March 6, 2019, acknowledging the inability to demonstrate entitlement to compensation due to insufficient evidence. The Special Master reviewed the case records and the petitioner's statement regarding the lack of expert support.

Finding that a petitioner cannot be awarded compensation based solely on claims alone and must be supported by medical records or a physician's opinion, the Special Master determined that the evidence was insufficient to meet the petitioner's burden of proof. Therefore, the case was dismissed for insufficient proof on May 1, 2019.