Kim Hill v. HHS - Influenza, redness, swelling, tightness and pain in her left foot and ultimately a stress fracture (2023)

Kim Hill filed a claim alleging that an influenza vaccination received on August 15, 2020, caused redness, swelling, tightness, and pain in her left foot, ultimately leading to a stress fracture. Her petition was filed on January 26, 2021.

The respondent filed a report recommending against compensation. After a status conference where the need for a supporting medical opinion was discussed, Ms.

Hill filed a motion to dismiss her own petition on February 24, 2023. She stated she was unable to comply with the court's order to produce an expert report and believed she could not meet her burden of proof, although she maintained her position that the vaccine was a substantial factor in causing her cellulitis.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, requiring a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship. Ms.

Hill's medical records did not support her allegations, and she had not filed an expert medical opinion. Consequently, the Special Master granted her motion and dismissed the petition for failure to establish a prima facie case of entitlement to compensation.