Kyle McGinnis v. HHS - Influenza, neurological injury (2023)
Case summary [AI summaries can sometimes make mistakes]
Kyle McGinnis filed a petition for compensation under the National Vaccine Injury Compensation Program on January 27, 2023, alleging a neurological injury resulting from an influenza vaccine received on January 28, 2020. At an initial status conference on February 7, 2023, McGinnis indicated he was seeking legal representation.
After his initial choice of law firm, Conway Homer, PC, declined his case, McGinnis informed the court on April 18, 2023, that he wished to dismiss his petition, stating he had difficulty typing and filing pleadings related to his injury. At a status conference on July 24, 2023, McGinnis confirmed his desire to dismiss the petition.
Special Master Katherine E. Oler issued a decision on July 26, 2023, dismissing the petition for failure to prosecute, as per Vaccine Rule 21(b)(1).
No specific injury was diagnosed or discussed, and no compensation was awarded. The decision was reissued for public availability on September 1, 2023.
Theory of causation
Petitioner Kyle McGinnis alleged a neurological injury resulting from an influenza vaccine received on January 28, 2020. The petition was filed on January 27, 2023. The case was dismissed for failure to prosecute on July 26, 2023, by Special Master Katherine E. Oler, after the petitioner confirmed his wish to dismiss the petition due to difficulty with legal filings. The public decision does not describe the specific neurological injury, onset, symptoms, diagnostic tests, treatments, or provide any expert testimony or a specific theory of causation. No compensation was awarded.
Source PDFs
USCOURTS-cofc-1_23-vv-00124