Cynthia Rains v. HHS - Influenza, Mast Cell Activation Syndrome (2025)

Filed 2023-09-13Decided 2025-04-09Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Cynthia Rains filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on September 14, 2020, caused her to develop Mast Cell Activation Syndrome (MCAS). The Secretary of Health and Human Services recommended denial, arguing that Ms.

Rains was never formally diagnosed with MCAS, her testing was negative, and the medical records primarily reflected her self-reported history. Furthermore, the Secretary contended that Ms.

Rains had not presented a credible scientific or medical theory to link the flu vaccine to MCAS. During the proceedings, Ms.

Rains' counsel consulted an expert who declined to provide a report, disagreeing with the MCAS diagnosis. Ms.

Rains was given time to determine how to proceed, but she failed to file a response to her counsel's motion to withdraw, an expert report, or a motion for an extension of time. The court noted that to receive compensation, a petitioner must prove either a Table injury or causation-in-fact, supported by medical records or a physician's opinion.

As Ms. Rains did not submit an expert report by the deadline and had not otherwise met her burden of proof, her case was dismissed for insufficient evidence.

The dismissal was not a sanction but a result of the failure to present persuasive evidence.

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