Doretha Robinson v. HHS - Influenza, transverse myelitis (2020)

Doretha Robinson filed a petition on August 22, 2019, alleging that she developed transverse myelitis (TM) as a result of an influenza vaccine received on October 19, 2016. The respondent is the Secretary of Health and Human Services.

Petitioner was represented by Kimm Massey of Massey Law Group, and respondent was represented by Voris Johnson of the U.S. Department of Justice.

Special Master Herbrina Sanders presided over the case. Petitioner alleged that she received a vaccine listed on the Vaccine Injury Table and that her injury, TM, resulted from the flu vaccination.

However, respondent noted that transverse myelitis is not an injury listed on the Vaccine Injury Table for the flu vaccine. This meant Petitioner could not claim a presumption of causation and instead had to prove that the flu vaccine caused her TM.

The public decision does not describe the onset of symptoms, specific medical records, or any expert opinions presented. On December 15, 2020, Petitioner filed an unopposed motion to dismiss her petition, conceding that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation.

Petitioner stated that proceeding further would not be advisable or a good use of resources. Respondent did not object to the motion.

Special Master Sanders found that the record did not contain persuasive evidence that Petitioner's TM was caused by the flu vaccine. The Special Master noted that under the Act, petitions cannot be based solely on claims but must be supported by medical records or the opinion of a competent physician.

The medical records alone, unsupported by expert opinion, were deemed insufficient to prove Petitioner's claim. Consequently, the case was dismissed for insufficient proof.

Judgment was entered accordingly.