Ashley Schoop v. HHS - Influenza, rhabdomyolysis and opioid addiction (2020)

Susan Hoefling, administrator of the estate of Ashley Schoop, filed a petition on December 19, 2018, alleging that an influenza vaccination administered on December 23, 2017, caused rhabdomyolysis and opioid addiction, leading to Ashley Schoop's death. Petitioner's counsel was Renee Gentry of the Vaccine Injury Clinic, GW University Law School.

Respondent's counsel was Traci Patton of the United States Department of Justice. On April 28, 2020, the petitioner moved for a decision dismissing her case.

The petitioner stated that an investigation of the supporting facts and science demonstrated an inability to prove entitlement to compensation under the National Vaccine Injury Compensation Program, and that proceeding further would be unreasonable and a waste of resources. The petitioner understood that a dismissal would result in a judgment against her, ending all rights under the Vaccine Act, but that she could apply for costs and intended to elect to file a civil action rather than accept the Program's judgment.

Special Master Nora Beth Dorsey reviewed the record and the petitioner's motion. The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccination actually caused the injury.

The records submitted by the petitioner did not meet the statutory requirements for entitlement under 42 U.S.C. § 300aa-11(c)(1)(D)(i), which the Federal Circuit has described as threshold criteria for seeking entry into the program. Consequently, Special Master Dorsey found that the petitioner was not entitled to compensation and dismissed the case, with judgment to be entered accordingly.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. The public decision does not name any medical experts.