John Paola v. HHS - Influenza, cellulitis, myositis, nontraumatic compartment syndrome of the left upper extremity, nontraumatic rhabdomyolysis, and eosinophilia (2023)

Filed 2020-04-14Decided 2023-09-06Vaccine Influenza
dismissed

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.

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