Lindsay Corum, As Legal Representative Of The Estate Of Stephen M. Corum, Deceased, On Behalf Of The Estate Of Marshall Wayne Corum, Deceased v. HHS - Influenza, coma, loss of consciousness, severe confusion, rhabdomyolysis, extremely elevated creatinine and creatinine kinase levels, acute liver failure, altered mental status, dementia, metabolic encephalopathy, acute personality change, lethargy, unresponsiveness, pain, fatigue, and death (2021)

Filed 2021-06-07Decided 2021-07-12Vaccine Influenza
dismisseddeath

Case summary [AI summaries can sometimes make mistakes]

Lindsay Corum, as legal representative of the estate of her deceased father-in-law, Marshall Wayne Corum, filed a claim alleging that Mr. Corum suffered a fatal injury as a result of his September 18, 2013 influenza vaccination.

The alleged injuries included coma, loss of consciousness, severe confusion, rhabdomyolysis, elevated creatinine and creatinine kinase levels, acute liver failure, altered mental status, dementia, metabolic encephalopathy, personality change, lethargy, unresponsiveness, pain, and fatigue, culminating in death. The petition was filed on June 7, 2021.

The court noted a threshold issue regarding Ms. Corum's standing to file as the legal representative of the estate, ordering her to provide proof of capacity.

After a status report indicating she was seeking legal counsel for estate representation, Ms. Corum instead filed a motion to dismiss her own petition on June 4, 2021.

She stated that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable. The Special Master explained that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, requiring evidence beyond mere allegations.

As the petitioner's medical records did not support her allegations by a preponderance of the evidence and no expert medical opinion was filed, the Special Master granted the motion to dismiss. The case was dismissed for failure to establish a prima facie case of entitlement to compensation.

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