Dina Brifman v. HHS - Influenza, left axillary lymphadenopathy with residual effects lasting for more than six months (2020)

Filed 2018-04-16Decided 2020-03-23Vaccine Influenza
dismissed

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.

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