Roswell Perez v. HHS - Influenza, muscle aches, primarily in the back; numbness and tingling in his left leg, then in his left arm, in the succeeding days; nausea; diarrhea; numbness of his left leg from the toes to the knee; pronounced numbness of his left leg, left arm and face; pain in the middle and lower sections of the left side of his back; numbness and tingling in both extremities which awakened him at night; neck pain; enlarged lymph nodes in his neck (2014)

Roswell Perez, a 30-year-old man, received an influenza vaccine and an H1N1 vaccine on November 23, 2009. The following day, he began experiencing muscle aches, primarily in his back.

Over the next few days, he developed numbness and tingling in his left leg, left arm, and face. He also reported nausea, diarrhea, and pain in his back and extremities.

In the months following vaccination, he experienced neck pain and enlarged lymph nodes. Mr.

Perez filed a petition alleging that the vaccines caused his injuries. He submitted medical records from several physicians, including neurologists, but did not provide an expert report to establish a medical theory of causation.

The court noted that the H1N1 vaccine is not covered by the National Vaccine Injury Compensation Program, and any claim related to it would be handled by a different program. For the seasonal flu vaccine, Mr.

Perez had to prove causation under the Althen prongs. The court found that Mr.

Perez failed to establish a reliable medical theory connecting the seasonal flu vaccine to his symptoms, did not demonstrate a logical sequence of cause and effect, and therefore did not meet the requirements for an off-Table claim. The initial decision on August 20, 2014, denied compensation.

However, on October 3, 2014, the parties filed a stipulation for attorneys' fees and costs. The court found that the petition was brought in good faith with a reasonable basis, and awarded $8,485.02 for attorneys' fees and costs, payable jointly to Mr.

Perez and his attorney.