Gerald Parker v. HHS - Influenza, cellulitis (2021)

Gerald Parker filed a petition on August 19, 2019, alleging that the influenza vaccine he received on November 15, 2018, caused him to develop cellulitis. After the Secretary of Health and Human Services filed a report contesting entitlement, Mr.

Parker's counsel requested additional time to submit outstanding medical records. However, on December 15, 2020, Mr.

Parker moved to dismiss his own petition, stating that he had reviewed the facts and science and determined he would be unable to prove entitlement to compensation. He understood that this dismissal would result in a judgment against him, preserving his right to file a future civil action.

The Secretary did not respond to the motion. The Special Master granted the motion for dismissal, construing it as an involuntary dismissal due to the petitioner's clear intent for judgment to issue.

The decision noted that without the support of a medical expert or additional evidence beyond the petitioner's medical records, the evidence weighed against a finding that the cellulitis was vaccine-caused. Consequently, the case was dismissed with prejudice for insufficient proof, and judgment was entered accordingly.