Kelly Clark v. HHS - Influenza, immune thrombocytopenic purpura (ITP) and associated complaints of abnormal bleeding, bruising, and fatigue (2020)

Kelly Clark filed a petition alleging that an influenza vaccination on October 19, 2015, caused her to develop immune thrombocytopenic purpura (ITP) with associated bleeding, bruising, and fatigue, with residual effects lasting at least six months. The respondent contended that the petitioner did not meet the six-month severity requirement for compensation.

After the respondent filed a status report, the court directed the petitioner to provide additional evidence and an expert report. However, the petitioner consulted with an expert and concluded she could not meet her burden of proof for causation.

She filed a motion to dismiss her petition, understanding that this would result in a judgment against her but would allow her to file a civil action later. The court granted the motion, dismissing the case for insufficient proof, as the medical records and literature submitted were insufficient to establish entitlement, and no expert opinion on causation-in-fact was provided.