Fernando Tapia v. HHS - Influenza, arthrus reaction and/or serum sickness, intermittent skin rash, gastrointestinal bleeding leading to severe anemia, congestive heart failure, and sleep disorder (2023)

Fernando Tapia alleged that the influenza vaccine he received on October 15, 2019, caused him to develop an arthrus reaction, serum sickness, intermittent skin rash, gastrointestinal bleeding leading to severe anemia, congestive heart failure, and a sleep disorder. He filed a petition for compensation under the National Vaccine Injury Compensation Program on September 19, 2022.

The respondent, the Secretary of Health and Human Services, argued that Mr. Tapia had not alleged any Table injury and had not proven causation-in-fact for his alleged injuries, stating that the claimed injuries were a list of symptoms rather than diagnoses.

The Secretary also argued that Mr. Tapia had not shown he suffered from residual effects for more than six months and could not establish any of the Althen prongs.

Subsequently, on August 7, 2023, Mr. Tapia moved to dismiss his own petition, stating that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation.

He understood that a dismissal would result in a judgment against him, which would end all his rights in the Vaccine Program, and he intended to elect to file a civil action instead. The Special Master granted the motion for decision, dismissing the case with prejudice for insufficient proof, as the evidence weighed against a finding that Mr.

Tapia suffered from a defined and recognizable injury. The Clerk was ordered to enter judgment accordingly.