Mary Lou Dvorak v. HHS - Influenza, transverse myelitis (2020)

Mary Lou Dvorak filed a petition on behalf of her deceased husband, Henry Dvorak, alleging that he developed transverse myelitis (TM) and subsequently died as a result of an influenza vaccine received on November 13, 2017. The petition claimed the TM led to permanent extremity weakness and partial paralysis.

However, the court found that the information in the record did not demonstrate entitlement to an award. The petitioner later filed a motion to dismiss the case, stating that for personal reasons, she no longer wished to proceed and that further action would be unreasonable.

The respondent had no objection to the dismissal. The court noted that to receive compensation, the petitioner must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury, nor persuasive evidence of causation. Furthermore, the submitted medical records were insufficient to prove the claim, and no supportive expert opinion was filed.

Consequently, the case was dismissed for insufficient proof.