Dina Brifman v. HHS - Influenza, left axillary lymphadenopathy with residual effects lasting for more than six months (2020)
Case summary [AI summaries can sometimes make mistakes]
Dina Brifman filed a petition alleging that an influenza vaccination received on November 21, 2016, caused her to develop left axillary lymphadenopathy with residual effects lasting more than six months. She had a prior diagnosis of small cell lymphocytic lymphoma and cervical lymphadenopathy.
The respondent opposed compensation, arguing that Brifman had not established causation-in-fact. Brifman consulted with an expert who was unable to opine on vaccine causation.
After being ordered to show cause why the case should not be dismissed, Brifman filed a motion to dismiss her own petition, acknowledging that she understood this would result in a judgment against her. The Special Master granted the motion, dismissing the case for insufficient proof, as Brifman failed to establish either a Table injury or causation-in-fact for an off-Table injury, and did not provide sufficient medical records or expert opinion to support her claim.
Source PDFs
USCOURTS-cofc-1_18-vv-00550