Patricia Gauthier v. HHS - Influenza, polymyalgia rheumatica (2021)
Case summary [AI summaries can sometimes make mistakes]
Patricia Gauthier filed a petition alleging that she developed polymyalgia rheumatica (PMR) from an influenza vaccination received on October 27, 2015. Respondent filed a report stating that the case was not appropriate for compensation, as Petitioner had not provided sufficient evidence, including a qualified medical expert opinion, to establish that the flu vaccine caused her PMR.
After extensive expert report exchanges, the Special Master indicated she was not persuaded that the flu vaccine can cause PMR and recommended that Petitioner dismiss her case. Petitioner subsequently filed a motion to dismiss, stating that proceeding further would be unreasonable.
The Special Master granted the motion, dismissing the petition. The decision 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, neither of which was sufficiently established here.
Source PDFs
USCOURTS-cofc-1_18-vv-00753