Ana Rivera Rodriguez v. HHS - Influenza, acute myocardial infarction (2024)

Ana Rivera Rodriguez filed a petition on February 4, 2021, alleging that the influenza vaccine she received on February 9, 2018, caused her to suffer an acute myocardial infarction. She submitted medical records, but faced challenges with illegible handwritten notes and records in Spanish, requiring transcriptions and translations.

The respondent, the Secretary of Health and Human Services, filed a report arguing that compensation should be denied due to the lack of a reputable expert opinion supporting the claim. Ms.

Rodriguez initially agreed to work on obtaining expert reports but later decided not to hire an expert, citing difficulties in retaining one. She then consulted with other experts, but faced further delays.

Ultimately, on August 2, 2024, Ms. Rodriguez moved to dismiss her case, stating that her investigation into the facts and science demonstrated she would be unable to prove her entitlement to compensation.

The court granted her motion, dismissing the case with prejudice for insufficient proof, as no expert report was provided to support the claim of vaccine causation.