Kennedy Deese v. HHS - Influenza, immune thrombocytopenia (ITP) (2020)

Kennedy Deese filed a petition alleging she developed immune thrombocytopenia (ITP) after receiving an influenza vaccine on October 16, 2018. The petition was filed on August 2, 2019.

The Special Master noted that the petitioner had the burden to prove her injury lasted more than six months after vaccination and that the vaccine caused the injury. Medical records indicated that her platelet count returned to the normal range by April 18, 2019, which was just over six months after vaccination, and the Special Master questioned whether this met the severity requirement, especially since her condition appeared to have a relatively quick recovery.

The petitioner also failed to provide an expert report to establish causation-in-fact, which is required for off-Table claims. Furthermore, the petitioner failed to comply with court orders to provide additional evidence and affidavits, and her attorney sought to withdraw.

Consequently, the case was dismissed for insufficient proof of the severity requirement and for failure to prosecute.