Cheryl Weakley v. HHS - Influenza, Polymyalgia Rheumatica (2025)

Cheryl Weakley filed a petition on January 13, 2025, alleging she developed Polymyalgia Rheumatica (PMR) after receiving a flu vaccine on October 24, 2020. Initially, she had also alleged a shoulder injury related to vaccine administration (SIRVA) in a petition filed on March 10, 2023, but later amended her petition to focus solely on PMR.

During a status conference, the Special Master expressed concerns about the viability of a PMR claim, noting that the program generally does not recognize it as vaccine-caused. The court ordered Ms.

Weakley to show cause why her case should not be dismissed for failing to satisfy the first prong of the Althen test for off-Table claims, which requires demonstrating a plausible link between the vaccine and the injury. Ms.

Weakley requested and received two extensions to file her response. However, she ultimately failed to comply with the court's order by the final deadline.

The Special Master noted that a petitioner must support their claim with medical records or a physician's opinion, and that Ms. Weakley had not provided sufficient evidence.

Consequently, the case was dismissed for failure to prosecute and for failing to meet the burden of proof for her alleged injury.