Patricia Murray v. HHS - Influenza, erythema rash/skin related injury, and/or aggravation of a pre-existing skin condition (2020)

Patricia Murray filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on February 15, 2018, caused her to suffer from an erythema rash, a skin-related injury, and/or an aggravation of a pre-existing skin condition. She filed her petition on March 21, 2019.

The respondent, the Secretary of Health and Human Services, filed a report recommending against compensation. The petitioner was ordered to file an expert report by November 16, 2020, but instead filed a motion for judgment on the record, arguing that there was evidence of exacerbation of her psoriasis shortly after the flu vaccine.

The respondent opposed the motion, recommending dismissal due to the petitioner's failure to provide preponderant evidence of causation or significant aggravation, and failure to meet the severity requirement under the Vaccine Act. The Special Master reviewed the medical records and medical literature but found that the petitioner failed to establish by preponderant evidence that the flu vaccine caused her skin condition or significantly aggravated a pre-existing one.

The Special Master agreed with the respondent that the petitioner failed to meet her burden of proof under Althen or Loving, noting the absence of an expert report. Consequently, the petition was dismissed for failure to establish entitlement to compensation.