Kelsey Reed v. HHS - Influenza, transverse myelitis (2019)

Kelsey Reed filed a petition on June 21, 2018, alleging that the influenza vaccine she received on November 9, 2016, caused her to develop transverse myelitis. Respondent initially argued that compensation was not appropriate because Petitioner had not shown complications lasting more than six months, and filed a motion to dismiss.

Petitioner responded with additional medical records, and Respondent withdrew the motion to dismiss but indicated he still wished to defend the case. Following a status conference, Petitioner was directed to file an expert report by May 31, 2019.

Over the next several months, Petitioner filed three motions for extensions. After the second extension, the court noted that no further extensions would be granted.

After the third motion, Petitioner was ordered to file the overdue report or request dismissal. On September 12, 2019, Petitioner filed a motion to dismiss her petition, explaining that she was unable to obtain an expert opinion to support her claim.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert’s opinion or other persuasive evidence indicating the vaccine caused the injuries.

As there was insufficient evidence to meet her burden of proof and no expert opinion was offered, the court granted Petitioner's motion to dismiss the case.