Pamela Halbrook v. HHS - Influenza, optic neuritis (2020)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Pamela Halbrook alleged optic neuritis resulting from an influenza vaccine administered on October 24, 2016. The public decision states the record did not contain persuasive evidence of a "Table Injury" or that the injury was caused in fact by the vaccine. Petitioner filed a motion to dismiss her petition, which was granted by Special Master Thomas L. Gowen on December 10, 2020, resulting in dismissal for insufficient proof. The public decision does not name petitioner's counsel or respondent's counsel, nor does it detail the specific medical mechanism, expert testimony, or award breakdown, as the case was dismissed upon petitioner's motion.
Source PDFs
USCOURTS-cofc-1_19-vv-01572