Kelli O’Connell v. HHS - Influenza, rhabdomyolysis (2024)

Kelli O’Connell filed a petition on December 19, 2022, alleging that an influenza vaccine administered on October 24, 2020, caused her to suffer rhabdomyolysis. The case progressed, and on October 28, 2024, Petitioner filed an unopposed motion to dismiss her petition.

Petitioner stated that an investigation demonstrated she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable, wasting the resources of the Court, the Respondent, and the Vaccine Program. Petitioner acknowledged that judgment would result against her and she intended to accept it.

Respondent reserved the right to question good faith and reasonable basis but otherwise had no objection to the dismissal. To receive compensation under the National Vaccine Injury Compensation Program, Petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the vaccine caused her injury.

The Special Master noted that the record did not contain evidence of a Table Injury, nor persuasive evidence that the flu vaccine caused her alleged injury. The public decision states that under the Act, petitions cannot be based solely on claims alone but must be supported by medical records or a competent physician's opinion.

In this case, the medical records were insufficient to prove Petitioner's claim, and she had not filed a supportive expert opinion. Therefore, the case was dismissed for insufficient proof.

Special Master Herbrina D. Sanders issued the dismissal decision.

Petitioner counsel was Nathan Pate Powell of Powell, Webb, Tanner & Powell, P.C., and Respondent counsel was Emily Hanson of the U.S. Department of Justice.