Charles E. Mandril v. HHS - Influenza, myositis (2023)

Charles Mandril filed a petition alleging he suffered from myositis as a result of receiving seasonal influenza and Tdap vaccines on April 3, 2019. He proceeded with a causation claim, which requires expert support to prove entitlement.

However, his recently filed expert report consisted only of cursory, emailed answers from one of his treating physicians. This physician could not definitively diagnose his condition or comment on symptom persistence beyond September 2019, as she had not seen him since that date.

Acknowledging that he could not meet his burden of proof, Mr. Mandril filed a motion to dismiss his own claim.

Respondent did not object to the dismissal. Chief Special Master Corcoran dismissed the petition, noting that Mr.

Mandril sought a judgment against him, which would terminate his rights in the Vaccine Program and allow him to pursue a civil action in the future. The Clerk of the Court was ordered to enter judgment in accordance with this decision.