Teresa Cochran v. HHS - Influenza, urticaria (2022)

Teresa Cochran filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging an adverse reaction to an influenza vaccination she received on November 2, 2016. Respondent filed a Rule 4(c) Report stating that the medical records did not provide preponderant proof of a vaccine injury, noting that her alleged conditions were either pre-existing, associated with anxiety, or diagnosed months after the vaccination, with no medical provider attributing them to the flu shot.

After the exchange of expert reports and a status conference where the Special Master indicated belief that urticaria occurred more than 70 days post-vaccination, Ms. Cochran filed a motion to dismiss her own claim.

She stated that an investigation demonstrated she would be unable to prove entitlement to compensation. Respondent did not oppose the dismissal.

The Special Master granted the motion, finding insufficient evidence in the record for Petitioner to meet her burden of proof, and dismissed the petition.