Pamela Halbrook v. HHS - Influenza, optic neuritis (2020)

Pamela Halbrook filed a petition on October 9, 2019, alleging that she developed optic neuritis as a result of receiving an influenza vaccine on October 24, 2016. The public decision does not describe the petitioner's counsel or respondent's counsel by name.

The record did not contain persuasive evidence that Ms. Halbrook's injury was a "Table Injury" or that it was caused in fact by the vaccine.

On December 10, 2020, Ms. Halbrook filed a motion to dismiss her own petition, understanding that this would result in a judgment against her and end her rights in the Vaccine Program.

She stated her intention to elect to reject the program judgment and file a civil action. Respondent did not oppose the motion, while expressly reserving the right to question the good faith and reasonable basis of the claim and to oppose any application for fees and costs.

Special Master Thomas L. Gowen granted the motion, dismissing the matter for insufficient proof.

Judgment was entered accordingly.