David Borden, as Personal Representative of the Estate of Mona Borden v. HHS - Influenza, thrombocytopenic purpura (2022)

David Borden, as Personal Representative of the Estate of Mona Borden, alleged that the influenza vaccine Mona Borden received on October 3, 2016, caused her to suffer from thrombocytopenic purpura. Ms.

Borden filed her petition on October 2, 2019. She claimed the condition was either caused-in-fact by the vaccination or significantly aggravated by it.

The Secretary contested entitlement, arguing that Ms. Borden's clinical course did not satisfy the Act's severity requirement.

Ms. Borden underwent a bone marrow biopsy and aspiration on December 2, 2016, and her platelet counts fluctuated significantly in the months following vaccination.

However, by March 6, 2017, approximately five months after vaccination, her platelet count was normal, and she had no bleeding or bruising. Subsequent medical records showed normal or elevated platelet counts, and her physicians attributed any dips to other medical events like sepsis or surgery.

The court found that the bone marrow biopsy was not a surgical intervention under the Act and that Ms. Borden's abnormal platelet counts did not satisfy the severity requirement, as her condition appeared to resolve within six months of vaccination.

Ms. Borden passed away on October 26, 2021, from acute hypoxic respiratory failure and COVID pneumonia, unrelated to the alleged vaccine injury.

The court denied entitlement because the severity requirement was not met.