Houston Byrd, Jr. v. HHS - Influenza, headaches, stomachaches, elevated blood sugar levels, and weight loss (2025)

Houston Byrd, Jr. filed a petition in February 2024, alleging injury from a flu and pneumonia vaccine administered simultaneously on April 21, 2023. However, the court found that Mr.

Byrd was attempting to relitigate a prior 2017 case concerning flu and Pneumovax vaccinations he received in October 2015, which resulted in alleged headaches, stomachaches, elevated blood sugar, and weight loss. That prior case was dismissed for failure to prosecute and affirmed by the Court of Federal Claims and the Federal Circuit.

In the current 2024 case, Mr. Byrd failed to provide any evidence of vaccination or injury, and did not comply with court orders to submit medical records.

The special master dismissed the petition for failure to prosecute, insufficient evidence, and failure to state a claim. Mr.

Byrd sought review of this dismissal, arguing the special master abused her discretion. The court affirmed the special master's decision, noting that the claim was barred by claim preclusion due to the prior litigation, and that the current petition was untimely and lacked the necessary supporting documentation.

The court also found that Mr. Byrd's attempts to reopen the 2017 case were time-barred under the relevant rules and that his motion for review of the 2024 decision was also untimely.