Tonya Clark v. HHS - Influenza, peripheral neuropathy (2020)
Case summary [AI summaries can sometimes make mistakes]
Tonya Clark filed a petition alleging that she developed peripheral neuropathy as a result of an influenza vaccination received on November 9, 2015. She filed the petition pro se on October 29, 2018, but did not initially submit any supporting medical records.
Over the course of more than a year, the court repeatedly ordered Ms. Clark to retain an attorney and submit evidence, granting multiple extensions.
She disclosed that several law firms had declined her case, citing concerns that her medical condition, which she later described as consistent with lupus and mixed connective tissue disease, predated the vaccination. The medical records she eventually provided showed symptoms such as arthralgias, low blood counts, and rash prior to the vaccination.
The court noted that she had not filed an expert report to establish causation or significant aggravation of a pre-existing condition. Ultimately, the case was dismissed for failure to prosecute and for insufficient proof, as Ms.
Clark did not comply with court orders and failed to establish a prima facie case for entitlement to compensation.
Source PDFs
USCOURTS-cofc-1_18-vv-01673