Gesdia Kelly v. HHS - MMR, severe bilateral shoulder pain and chest pain (2023)

Gesdia Kelly filed a claim alleging severe bilateral shoulder pain and chest pain following her July 21, 2017, and August 24, 2017, measles, mumps, and rubella (MMR) vaccinations. The petition was filed on July 21, 2020.

Petitioner initially had legal representation, submitting medical records as evidence. Respondent argued that petitioner had not demonstrated a cognizable injury or proven causation.

Petitioner's counsel later withdrew, and the court ordered Ms. Kelly, proceeding pro se, to file an expert report to support her claim.

Despite multiple extensions and clear warnings, Ms. Kelly failed to file an expert report or any other response to the court's orders.

The court noted that prior to vaccination, Ms. Kelly had a history of chest pain evaluations with negative cardiac workups.

After vaccination, she presented with chest pain, diagnosed as acute chest wall pain. Her primary care provider noted "other complications following immunization" and prescribed medication, but no upper extremity symptoms were documented at that time.

Subsequent evaluations by specialists, including a cardiologist and neurologists, found no cardiac or neurological basis for her reported symptoms, and her primary care providers eventually questioned if her symptoms were psychosomatic. The court found that Ms.

Kelly failed to present a cognizable injury and did not meet her burden of proving causation by a preponderance of the evidence, as no diagnosis was ever reached and no expert report was provided. The case was dismissed both on the merits for failure to prove entitlement and for failure to prosecute due to her inaction following counsel's withdrawal and the court's orders.