Joshua Kasabian v. HHS - Influenza, serum sickness and Celiac’s disease (2025)
Case summary [AI summaries can sometimes make mistakes]
Joshua Kasabian filed a claim in the National Vaccine Injury Compensation Program alleging that he developed serum sickness and Celiac's disease as a result of receiving an influenza vaccine on November 21, 2023. After a status conference, Mr.
Kasabian filed a motion for voluntary dismissal, stating that an investigation of the available evidence and science demonstrated it was unlikely he could prove entitlement to compensation. He believed proceeding further would be unreasonable and a waste of resources.
Mr. Kasabian understood that dismissal would result in a judgment against him and that he would have the right to file a civil action.
The respondent did not oppose the motion. The Special Master granted the motion, dismissing the case for insufficient proof, as Mr.
Kasabian was not alleging a Table injury and had not demonstrated by a preponderance of the evidence a logical sequence of cause and effect showing the vaccination was the reason for his alleged injuries. Judgment was entered accordingly.
Source PDFs
USCOURTS-cofc-1_24-vv-00881