A.T. v. HHS - Influenza, chronic rash, fevers, malaise, arthralgias, arthritis, and chronic migraines (2025)
Case summary [AI summaries can sometimes make mistakes]
On October 4, 2022, James and Valerie Thurston filed a petition on behalf of their minor child, A.T., after A.T. received an influenza vaccination on October 17, 2020. They alleged that the vaccination caused a chronic rash, fevers, malaise, arthralgias, arthritis, and chronic migraines.
The public decision does not set out a detailed clinical timeline. It records that petitioners filed medical records and affidavits, and that respondent later recommended against compensation in a Rule 4(c) report.
Because the alleged conditions were not Table injuries for the influenza vaccine, petitioners needed expert proof of causation-in-fact. After receiving additional time to consult experts, petitioners moved to dismiss the case on September 11, 2025, explaining that they did not wish to proceed further.
On September 12, 2025, Special Master Thomas L. Gowen Horner dismissed the petition for insufficient proof.
No compensation was awarded. Petitioners were represented by Richard Gage.
Theory of causation
Influenza vaccine, October 17, 2020, minor A.T., exact age not stated, alleged chronic rash, fevers, malaise, arthralgias/arthritis, and chronic migraines. DISMISSED. After respondent filed a Rule 4(c) report recommending against compensation, petitioners James and Valerie Thurston were ordered to file expert support. They later reported that, after consulting experts, they did not wish to proceed. Special Master Horner dismissed for insufficient proof and no Table injury. Attorney Richard Gage.
Source PDFs
USCOURTS-cofc-1_22-vv-01444