Deborah L. Copinger v. HHS - Influenza, tightness in throat, weakness and tingling in legs and arms, balance issues while walking, body aches, burning mouth, tongue, throat, and stomach as well as muscoskeletal issues such as plantar fasciitis and a heel spur (2021)

Filed 2021-06-30Decided 2021-12-29Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Deborah Copinger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered various symptoms including throat tightness, weakness and tingling in her legs and arms, balance issues, body aches, burning sensations in her mouth, tongue, throat, and stomach, as well as musculoskeletal issues like plantar fasciitis and a heel spur, as a result of receiving the Fluzone vaccine on October 23, 2019. She appeared pro se and presented a collection of symptoms without a unifying diagnosis, which she claimed began at various points after the vaccination.

The court explained that a cause-in-fact claim requires establishing specific Althen criteria and a defined, medically recognized injury. Medical records indicated diagnoses such as plantar fasciitis, heel spurs, and bilateral carpal tunnel syndrome, and a neurologist found no features of a neurological illness.

Her allergist noted hypobetalipoproteinemia, a rare genetic liver disease, but there was no suggestion of a vaccine link. The court found that the petitioner had not identified a defined and recognized injury, nor had she provided sufficient medical records or expert opinions to support a theory of vaccine causation.

As a result, the case was dismissed for insufficient proof.

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