VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00685
Package ID: USCOURTS-cofc-1_12-vv-00685
Petitioner: David Black
Filed: 2012-10-11
Decided: 2014-07-02
Vaccine: influenza
Vaccination date: 2009-10-19
Condition: neurological demyelinating injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On October 11, 2012, David Black filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination he received on October 19, 2009, caused him to develop a neurological demyelinating injury. The respondent denied that the vaccine caused the alleged injury. A fact-hearing was held on May 6, 2014, to determine the onset of the petitioner's symptoms. Following the hearing, Special Master Lisa Hamilton-Fieldman issued an oral ruling from the bench, determining that the petitioner experienced the onset of his injury one day prior to the administration of his influenza vaccination. The public decision does not describe the specific symptoms, medical records, or expert opinions presented. On June 10, 2014, the petitioner moved for a decision dismissing the petition, acknowledging that insufficient evidence existed to demonstrate entitlement to compensation. Special Master Hamilton-Fieldman noted that to receive compensation, a petitioner must prove either a "Table Injury" corresponding to the vaccination or that the injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injury was vaccine-caused. The Special Master further stated that under the Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion. As there were insufficient medical records and no medical opinion offered, the Special Master concluded that the petitioner failed to demonstrate either a "Table Injury" or that his injuries were "actually caused" by the vaccination. Consequently, the case was dismissed for insufficient proof. Judgment was entered accordingly. Ronald Homer of Conway, Homer & Chin-Caplan, P.C. represented the petitioner, and Ryan Pyles of the United States Department of Justice represented the respondent. The decision was issued by Special Master Lisa Hamilton-Fieldman.

Theory of causation field:
Petitioner David Black alleged that an influenza vaccination on October 19, 2009, caused a neurological demyelinating injury. A fact hearing was held on May 6, 2014, after which Special Master Lisa Hamilton-Fieldman ruled that the onset of petitioner's injury occurred one day prior to the vaccination. The public decision does not specify the mechanism of injury or name any medical experts. Petitioner subsequently moved to dismiss the petition, acknowledging insufficient evidence of entitlement. Special Master Hamilton-Fieldman granted the dismissal on June 11, 2014, finding no evidence of a "Table Injury" and insufficient proof that the injury was "actually caused" by the vaccine, as required by the National Vaccine Injury Compensation Program. Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and the respondent was represented by Ryan Pyles of the United States Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00685-0
Date issued/filed: 2014-06-11
Pages: 3
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/20/2014) regarding 32 Findings of Fact & Conclusions of Law Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00685-UNJ Document 36 Filed 06/11/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-685V
E-Filed: May 20, 2014
* * * * * * * * * * * * * *
DAVID BLACK, * UNPUBLISHED
*
* Special Master
Petitioner, * Hamilton-Fieldman
*
v. *
* Influenza Vaccine; Guillain-Barré
SECRETARY OF HEALTH * Syndrome; Symptom Onset
AND HUMAN SERVICES, * Prior to Vaccination
*
Respondent. *
* * * * * * * * * * * * * *
ORDER RULING ON FINDINGS OF FACT1
On October 11, 2012, David Black (petitioner) filed this claim under the National
Childhood Vaccine Injury Act of 1986 (“Vaccine Act” or “Act”), as amended, 42 U.S.C.
§§ 300aa-1 to 34, alleging that he suffered from a neurological demyelinating injury as a
result of an influenza (flu) vaccine administered to him on Monday, October 19, 2009.
See Petition.
A fact hearing was conducted in this case on May 6, 2014. At issue was when
Petitioner first experienced the symptoms of numbness in his legs and arms and difficulty
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order on the United
States Court of Federal Claims website, in accordance with the E-Government Act of
2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days
within which to request redaction “of any information furnished by that party: (1) that is a
trade secret or commercial or financial in substance and is privileged or confidential; or
(2) that includes medical files or similar files, the disclosure of which would constitute a
clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire”
order will be available to the public. Id.

Case 1:12-vv-00685-UNJ Document 36 Filed 06/11/14 Page 2 of 3
walking for which he sought treatment from his primary care physician on October 21,
2009. Ex. 9 at 17, Ex. 14 at 4, 18. A worsening of these symptoms ultimately took
Petitioner to the emergency room at Sentera Norfolk General Hospital on October 24,
2009.
The undersigned heard testimony from Petitioner and issued her oral ruling from
the bench. She refers the parties to the transcript of the proceeding for the details of the
ruling and its reasoning.
In making her findings, the undersigned relied most heavily, and found most
credible, those medical records made contemporaneously with the events that occurred in
Mr. Black’s life in late October 2009. Specifically, she found the medical record of Mr.
Black’s visit to his primary care physician, Dr. Harrington, on Wednesday, October 21,
2009 (Exhibit 15 at 4) to be particularly pertinent because that record was made before
the significance of the symptoms to the later diagnosed Guillain-Barre syndrome or CIDP
or a possible relationship to the administration of the influenza vaccine was known.
Pet’r’s Ex. 15 at 4. That record noted Petitioner’s “[n]umbness and tingling of left arm,
involving all fingers” as persisting for “the last four days,” or since Sunday, October 18,
2009, the day before the vaccine was administered. Id. The undersigned also indicated
that she found particularly persuasive the detail in Petitioner’s medical records from the
emergency room visit.
The medical records reflect that on October 24, 2009, etitioner was admitted to
P
Sentara Norfolk General Hospital with paresthesias in all extremities and difficulty
supporting his weight when standing. Ex. 3 at 8, 32. The ER history states:
Symptoms began with upper extremity tingling/numbness
and mild weakness 6 days ago. 5 days ago he received
influenza vaccine. 4 days ago had back pain radiating to
left leg, resolved, as well as bilateral lower extremity
numbness weakness and tingling.…
Id. at 32.
Accordingly, to the extent that any of Petitioner’s testimony conflicts with or is
unsupported by the medical records, the undersigned has credited the contemporaneous
medical records. See Cucuras v. Sec'y of Health & Human Servs., 993 F.2d 1525 (Fed.
Cir. 1993) (supporting a presumption that medical records created contemporaneously
with the events described are generally more accurate and complete than testimony
removed in time from the events that it recalls).
The undersigned found that there is preponderant evidence in the medical records
concerning onset that was uncontroverted by Petitioner’s testimony at the fact hearing.

Case 1:12-vv-00685-UNJ Document 36 Filed 06/11/14 Page 3 of 3
That evidence supports a finding that Petitioner experienced the onset of “numbness and
tingling of [his] left arm, involving all fingers” on Sunday, October 18, 2014. See Pet’r’s
Ex. 15 at 5.
As the undersigned stated at the fact hearing, the significance of these symptoms
and of the timing of their occurrence is for an expert to decide. The undersigned afforded
Petitioner a period of 28 days to file a status report indicating how he intends to proceed
with this case. The undersigned informed Petitioner that she would accept the filing of an
amended petition in this case if that is how Petitioner elected to proceed after conferring
with counsel. On or before June 10, 2014, Petitioner shall file a status report stating
whether and how he intends to proceed in this matter.
IT IS SO ORDERED.
Lisa Hamilton-Fieldman
Lisa Hamilto-Fieldman
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00685-1
Date issued/filed: 2014-07-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/11/2014) regarding 37 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00685-UNJ Document 38 Filed 07/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-685V
Filed: June 11, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
DAVID BLACK, *
* Special Master
* Hamilton-Fieldman
*
Petitioner, * Petitioner’s Motion to Dismiss Petition;
v. * Insufficient Proof of Causation; Vaccine Act
* Entitlement; Denial Without Hearing.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Ryan Pyles, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 11, 2012, David Black (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”), 42 U.S.C. §300aa-10, et
seq. (2006), 2 alleging that he suffered from a neurological demyelinating injury as a result of
receiving the influenza vaccination on October 19, 2009. Petition (“Pet.”) at 1, ECF No. 1. The
information in the record does not show entitlement to an award under the Program.
On May 6, 2014, the undersigned held a fact-hearing in this case to determine the onset
of Petitioner’s symptoms. After the hearing concluded, the undersigned issued an oral ruling
1 The undersigned intends to post this unpublished decision on the United States Court of
Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107
347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As
provided by Vaccine Rule 18(b), each party has 14 days within which to file a motion for
redaction “of any information furnished by that party (1) that is trade secret or commercial or
financial information and is privileged or confidential, or (2) that are medical files and similar
files the disclosure of which would constitute a clearly unwarranted invasion of privacy.” In the
absence of such motion, the entire decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 et seq. (2006).
1

Case 1:12-vv-00685-UNJ Document 38 Filed 07/02/14 Page 2 of 2
from the bench, determining that Petitioner experienced the onset of his injury one day prior to
the administration of his influenza vaccination. Order Ruling on Findings of Fact at 2-3, ECF
No. 32.
On June 10, 2014, Petitioner moved for a decision dismissing the petition,
acknowledging that insufficient evidence exists to demonstrate entitlement to compensation.
To receive compensation under the Program, Petitioner must prove either 1) that he
suffered a “Table Injury”-i.e., an injury falling within the Vaccine Injury Table- corresponding to
his vaccination, or 2) that he suffered an injury that was actually caused by a vaccine. See §§ 13
(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
Petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that Petitioner’s alleged injury was vaccine-caused.
Under the Act, a petitioner may not be given a Program award based solely on the
petitioner’s claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 13(a)(1). In this case, because there are insufficient
medical records supporting Petitioner’s claim, a medical opinion must be offered in support.
Petitioner, however, has offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioner has failed to
demonstrate either that he suffered a “Table Injury” or that his injuries were “actually caused”
by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2