Valerie Hester For Estate Of Marion Hester v. HHS - Influenza, influenza A, uncontrolled diabetes, and renal failure (2021)

Valerie Hester, on behalf of the Estate of Marion Hester, filed a petition on October 28, 2019, alleging that Marion Hester passed away as a result of an influenza vaccination administered on October 24, 2017. Ms.

Hester was 72 years old at the time of vaccination. Her petition stated that the flu vaccine exaggerated her pre-existing conditions, leading to her death.

Ms. Hester's medical history included uncontrolled high blood pressure, severely uncontrolled diabetes, stage 3-4 chronic kidney disease, high cholesterol, gout, left hand swelling, left knee pain, hirsutism, a fall associated with slurred speech, and uterine fibroids.

On December 3, 2017, Ms. Hester reported flu-like symptoms for one week, including malaise, cough, congestion, decreased mobility, and increased edema in her ankles, and was hospitalized.

She was treated for community-acquired pneumonia, possible gout flare versus diabetic neuropathy, poorly controlled diabetes, hypertension, acute kidney failure, and deconditioning. She was prescribed gabapentin for suspected diabetic neuropathy and antibiotics for pneumonia.

She experienced significant improvement in foot pain after being prescribed prednisone, but this worsened her blood sugar, requiring an insulin drip. She was discharged to home care.

On January 18, 2018, Ms. Hester was treated for lower back pain and a possible urinary tract infection.

She returned to the hospital later that day due to vomiting and was admitted until January 25, 2018. During this admission, she tested positive for influenza A and received Tamiflu and supportive care.

Her diabetes was noted as uncontrolled. She complained of pain in the soles of her feet, and her anemia worsened.

She lost 20 pounds in the past month. Her discharge diagnoses included influenza A, out-of-control diabetes, hypertension, intractable vomiting with nausea, and acute renal failure superimposed on stage 3 chronic kidney disease.

On January 25, 2018, Ms. Hester was found unresponsive and EMS pronounced her deceased.

Her death certificate listed influenza A as the immediate cause of death, with an approximate interval of onset to death of five days. Uncontrolled diabetes and renal failure were listed as other significant conditions contributing to death.

The petitioner alleged that Ms. Hester's symptoms were consistent with Guillain-Barre syndrome (GBS), although she was never diagnosed with GBS.

The Special Master repeatedly granted extensions for the petitioner to file an expert report, which is necessary to prove causation in vaccine injury cases, especially for off-Table claims. The petitioner failed to file the required expert report by multiple deadlines and did not respond to an Order to Show Cause issued on May 3, 2021.

Consequently, the Special Master Nora Beth Dorsey dismissed the case for failure to prosecute and insufficient proof, noting that the medical records did not support a Table injury or demonstrate causation for an off-Table injury. The public decision does not describe the petitioner counsel, respondent counsel, or the specific mechanism of injury alleged beyond the exacerbation of pre-existing conditions and the speculative mention of GBS.