Kimberley Brown v. HHS - Influenza, complex regional pain syndrome (2022)

Kimberley Brown alleged that the influenza vaccine she received on October 10, 2016, caused her to suffer from Complex Regional Pain Syndrome (CRPS). She filed her petition with the Court of Federal Claims on October 8, 2019.

The Secretary of Health and Human Services contested entitlement, and the parties engaged in a lengthy process of submitting medical records and retaining experts. Ms.

Brown eventually moved for a ruling on the record, acknowledging that her retained expert, Dr. Carlo Tornatore, provided an insufficient report that did not establish a vaccine injury.

The court noted that to receive compensation, a petitioner must demonstrate by a preponderance of the evidence that the vaccine caused the injury, supported by medical records or a competent physician's opinion. In this case, the medical records and the expert opinion did not support Ms.

Brown's claim. Consequently, the court granted her motion for a ruling on the record and dismissed the case with prejudice due to insufficient proof.