Vaccine Compensation Program Case Dismissed for Insufficient Proof

Strategic Insights -

Rose Panzarella filed a petition for compensation in the National Vaccine Injury Compensation Program (NVICP) in May 2023, alleging that the influenza vaccine she received in 2021 caused her to develop immune thrombocytopenic purpura (ITP). However, after reviewing the record, Special Master Mindy Michaels Roth found that there was insufficient evidence to support Panzarella's claim, including the lack of medical records or a competent physician's opinion indicating that her injury was caused by the vaccine.

Key Takeaways:

  • Rose Panzarella filed a petition for compensation in the NVICP on May 17, 2023, alleging that the influenza vaccine caused her to develop ITP.
  • Special Master Mindy Michaels Roth reviewed the record and found that there was no evidence to support Panzarella's claim, including no medical records or competent physician's opinion.
  • Under the Vaccine Act, a petitioner must prove that their injury was either a "Table Injury" or "actually caused" by a vaccine to receive compensation.
  • Panzarella did not provide sufficient medical records or a physician's opinion to support her claim, resulting in the dismissal of her case.
  • The Clerk of Court was directed to enter judgment accordingly.
  • The case was dismissed due to the lack of persuasive evidence supporting Panzarella's claim.

Statistics:

  • Date of petition filing: May 17, 2023
  • Date of dismissal decision: July 8, 2025
  • Type of vaccine alleged to have caused injury: Influenza vaccine
  • Type of injury alleged: Immune thrombocytopenic purpura (ITP)
  • Number of medical records provided: None
  • Number of physician opinions provided: None

Sources:

  • Rose Panzarella v. Secretary of Health and Human Services, Complaint, No. 23-732V (Filed July 8, 2025)
  • 42 U.S.C. § 300aa (2012)