Anna Beracz v. HHS - Influenza, difficulty walking, significant and rapid cognitive decline, and impaired memory (2024)
Case summary [AI summaries can sometimes make mistakes]
Katharine Storch, as executrix of the estate of Anna Beracz, filed a petition alleging that her deceased grandmother, Anna Beracz, suffered difficulty walking, significant and rapid cognitive decline, and impaired memory due to an influenza vaccine and/or a Tdap vaccine administered on November 6, 2018. The petition was filed on November 8, 2021.
After multiple extensions and failure to file adequate medical records, the court issued a Show Cause Order. The petitioner then sought to voluntarily dismiss the case, stating an inability to prove entitlement to compensation.
The court noted that the record did not contain evidence of a Table Injury or persuasive evidence that the alleged injuries were caused by the vaccines. The medical records were deemed insufficient to prove the claim.
Consequently, the case was dismissed for insufficient proof. The respondent reserved the right to question the good faith and reasonable basis of the claim regarding costs but did not oppose the dismissal.
Source PDFs
USCOURTS-cofc-1_21-vv-02140