Michael Parker Rittiner v. HHS - Influenza, fatigue, nausea, loss of appetite, difficulty concentrating (2014)
Case summary [AI summaries can sometimes make mistakes]
Michael Parker Rittiner filed a petition on January 30, 2013, seeking compensation under the National Childhood Vaccine Injury Act of 1986. He alleged that he received the H1N1 vaccine on December 17, 2009, and the Trivalent Influenza vaccine on January 22, 2010, and subsequently developed fatigue, nausea, loss of appetite, and difficulty concentrating.
Petitioner was represented by Nancy Routh Meyers of Ward Black Law. Respondent was represented by Jennifer Leigh Reynaud of the United States Department of Justice.
Special Master Lisa Hamilton-Fieldman presided over the case. The public decision does not describe the petitioner's clinical story, specific symptoms, medical tests, or treatments.
The H1N1 vaccine is not covered under the Vaccine Injury Compensation Program, but the Trivalent Influenza vaccine is. On September 23, 2014, Petitioner filed a Motion for a Dismissal Decision, stating that he would be unable to prove entitlement to compensation despite the preparation and production of expert reports.
The Special Master noted that to receive compensation, Petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury" or other persuasive evidence indicating that the injuries were caused by a vaccination.
The medical records and expert reports were deemed insufficient to establish entitlement. Consequently, Special Master Hamilton-Fieldman issued a decision on September 25, 2014, dismissing the petition for insufficient proof.
No compensation was awarded. Subsequently, on November 17, 2014, the parties filed a Stipulation of Fact Concerning Final Attorneys’ Fees and Costs, requesting a total payment of $26,000.00 for attorneys' fees and costs.
Special Master Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. On December 9, 2014, she issued a decision awarding $26,000.00, payable jointly to Petitioner and Petitioner's counsel, Nancy R.
Meyers.
Theory of causation
Petitioner Michael Parker Rittiner alleged injury from the H1N1 vaccine (received December 17, 2009) and Trivalent Influenza vaccine (received January 22, 2010), resulting in fatigue, nausea, loss of appetite, and difficulty concentrating. The H1N1 vaccine is not covered by the Vaccine Injury Compensation Program. Petitioner voluntarily dismissed his petition on September 23, 2014, stating he could not prove entitlement despite expert reports. Special Master Lisa Hamilton-Fieldman dismissed the petition on September 25, 2014, for insufficient proof of a "Table Injury" or vaccine causation, as medical records and expert reports were insufficient. No compensation was awarded. Subsequently, on November 17, 2014, the parties stipulated to attorneys' fees and costs. Special Master Hamilton-Fieldman awarded $26,000.00 in attorneys' fees and costs on December 9, 2014, finding the petition was filed in good faith with a reasonable basis. Petitioner's counsel was Nancy R. Meyers of Ward Black Law.
Source PDFs
USCOURTS-cofc-1_13-vv-00081