David Krube v. HHS - Influenza, polymyalgia rheumatica (2025)

David Krube filed a petition on February 28, 2025, alleging that he suffered polymyalgia rheumatica (PMR) as a result of receiving an influenza vaccine on November 4, 2020. The respondent, the Secretary of Health and Human Services, filed a report on September 4, 2024, recommending that compensation was not appropriate.

The Chief Special Master informed Mr. Krube that claims alleging PMR as a vaccine injury had uniformly failed and set a deadline for him to submit evidence supporting his claim.

However, Mr. Krube subsequently filed a motion to dismiss his own claim, stating he did not wish to proceed.

The court advised him that a dismissal would result in a judgment against him, ending his rights in the Vaccine Program for this claim. Finding a dismissal appropriate under Vaccine Rule 21(b)(1), the Chief Special Master dismissed the petition with prejudice.

The case was dismissed because the petitioner chose not to proceed and did not offer sufficient evidence to support his claim, and because PMR claims have not been deemed meritorious by the Program.