Linda Waxman v. HHS - Influenza, ulnar neuropathy (2023)

Linda Waxman filed a petition on July 29, 2021, alleging that her influenza vaccine received on September 5, 2020, caused an ulnar neuropathy. The case was initially assigned to a special processing unit due to the potential for it to be a Table claim.

However, the respondent filed a report arguing that the petitioner could not demonstrate entitlement, citing failure to meet the severity requirement and inability to establish a non-Table, causation-in-fact claim. Following a status conference, it became clear that the petitioner could not find an expert to support her claim, which was likely to be considered off-Table.

The petitioner then filed a motion to dismiss her own case, acknowledging that she could not prove entitlement to compensation and that proceeding further would be unreasonable. The court noted that dismissal at this stage was permissible under the rules, especially when the petitioner lacks sufficient evidence, such as expert support for causation, to meet her burden of proof.

Consequently, the Chief Special Master dismissed Linda Waxman's case, and judgment was to be entered accordingly.