Mary Palmisano v. HHS - Influenza, other (2025)
Case summary [AI summaries can sometimes make mistakes]
Mary Palmisano filed a petition on April 15, 2025, alleging an adverse reaction to an influenza vaccination she received on October 7, 2020. Petitioner was represented by Jessica E.
Choper of Britcher Leone & Sergio, L.L.C. The respondent was the Secretary of Health and Human Services, represented by Heather L.
Pearlman of the U.S. Department of Justice.
On April 22, 2025, Ms. Palmisano filed a motion to dismiss the case.
She explained that she had mistakenly filed an amended petition from a prior, related case, Case No. 23-1666V, as a new, duplicate case. Ms.
Palmisano stated her intention to continue prosecuting the original case, which already covers the same vaccination. The National Childhood Vaccine Injury Act prohibits multiple petitions for a single vaccine administration.
Chief Special Master Brian H. Corcoran granted the motion to dismiss, and the case was dismissed as a duplicate filing.
The public decision does not describe the specific adverse reaction, onset, symptoms, medical tests, treatments, or any expert witnesses.
Theory of causation
Petitioner Mary Palmisano filed a petition on April 15, 2025, alleging an adverse reaction to an influenza vaccination received on October 7, 2020. Petitioner was represented by Jessica E. Choper. Respondent was the Secretary of Health and Human Services, represented by Heather L. Pearlman. On April 22, 2025, Petitioner filed a motion to dismiss, stating she mistakenly filed an amended petition from a prior case (No. 23-1666V) as a new, duplicate case for the same vaccination. The National Childhood Vaccine Injury Act prohibits multiple petitions per vaccine administration. Chief Special Master Brian H. Corcoran granted the motion to dismiss on April 28, 2025, dismissing the case as a duplicate filing. The public decision does not specify the alleged injury, mechanism of causation, or any expert testimony.
Source PDFs
USCOURTS-cofc-1_25-vv-00646