Linda Carl v. HHS - Pneumococcal, injuries that led to her death (2019)

Bonnie Wein, as Personal Representative of the Estate of Linda Carl, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 20, 2018. The petition alleged that Linda Carl suffered injuries that led to her death as a result of a pneumococcal conjugate vaccination (Prevnar-13) she received on January 11, 2017.

Respondent filed a report stating that Petitioner had not met her burden of proof, specifically failing to offer a medical or scientific theory supporting causation-in-fact. Following a status conference, Petitioner filed a motion to dismiss her claim, indicating that an investigation demonstrated she would be unable to prove entitlement to compensation.

The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or expert opinion. As there was insufficient evidence in the record, the case was dismissed for insufficient proof.