John Paola v. HHS - Influenza, cellulitis, myositis, nontraumatic compartment syndrome of the left upper extremity, nontraumatic rhabdomyolysis, and eosinophilia (2023)
Case summary [AI summaries can sometimes make mistakes]
John Paola filed a petition alleging that he suffered cellulitis, myositis, nontraumatic compartment syndrome of the left upper extremity, nontraumatic rhabdomyolysis, and eosinophilia as a result of his November 10, 2017 influenza vaccination. The petition was filed on April 14, 2020.
Respondent filed a Rule 4(c) report recommending against compensation. Petitioner's treating physician provided a letter in support of the claim, but the Special Master determined that a more complete medical opinion would still be necessary.
After explaining petitioner's burden of proof, the Special Master ordered petitioner to file either an expert report or a motion to dismiss. Petitioner indicated his intent to voluntarily dismiss the claim, and a Joint Stipulation of Dismissal was filed.
The case was subsequently dismissed without prejudice.
Source PDFs
USCOURTS-cofc-1_20-vv-00427