Robert Veryzer v. HHS - Hepatitis A, fever and chills, severe pain and physical injuries, progressive cognitive impairments (2011)

Robert Veryzer, a 41-year-old former instructor and associate professor, filed a petition alleging injury from a Hepatitis A vaccination received on April 25, 2001. Within hours of the vaccination, he experienced fever and chills, followed by severe pain and physical injuries, and later progressive cognitive impairments.

The case was initially filed in 2003 for a Hepatitis B vaccine, but was withdrawn. After Hepatitis A was added to the Vaccine Injury Table, he refiled in 2006, focusing on the Hepatitis A vaccine.

Petitioner's initial expert opinions from Drs. Moulden and Tenpenny were excluded by the special master for failing to meet Daubert reliability standards, with Dr.

Moulden's theories being particularly criticized for their rejection of established medical science and lack of peer review. Petitioner then declined to find a new expert and requested a ruling on the written record.

The special master denied compensation, finding the medical records insufficient to establish causation and that petitioner's affidavit alone could not support an award. On review, the court agreed that the special master did not abuse his discretion in excluding the expert opinions but found that the special master failed to make adequate findings of fact regarding the petitioner's medical records.

Consequently, the case was remanded to the office of special masters for further findings of fact and conclusions of law concerning the medical records, with the possibility of reopening the record.