Marlene Boger v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2022)

Marlene Boger alleged that the influenza vaccine she received on November 17, 2016, and the Prevnar 13 vaccine she received on December 1, 2016, caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Ms.

Boger filed her petition on November 13, 2019. Her counsel later indicated that Ms.

Boger died on August 31, 2021. The Secretary of Health and Human Services contested entitlement.

Subsequently, Ms. Boger's counsel moved to dismiss the case, stating that her next of kin decided not to pursue the claim.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine caused the injury, supported by medical records or a physician's opinion. In this instance, Ms.

Boger had not presented preponderant proof that the vaccines caused her alleged CIDP. Therefore, the court granted the motion to dismiss the case with prejudice for insufficient proof.

The case was dismissed on April 5, 2022.