Jung Park, M.D. v. HHS - Influenza, unilateral sensorineural hearing loss (2014)

Jung Park, M.D., an adult male born on January 15, 1950, filed a petition on April 19, 2013, alleging that an influenza vaccine administered on September 27, 2011, caused him to develop unilateral sensorineural hearing loss in his right ear within two to three hours of vaccination. The respondent was the Secretary of Health and Human Services.

The case was brought as an off-Table claim, requiring Dr. Park to prove causation-in-fact.

Special Master Laura D. Millman set a deadline of December 11, 2013, for Dr.

Park to file an expert report, which was extended multiple times. During a status conference on July 22, 2014, Dr.

Park's counsel indicated that a neuro-otologist had not responded and that Dr. Park wished to seek other counsel.

On October 8, 2014, Dr. Park moved for a decision on the record and filed a case report as Exhibit 9, which detailed a case of sudden deafness in a young girl following an H1N1 vaccine.

Respondent filed her Rule 4(c) Report on October 28, 2014. Special Master Millman granted Dr.

Park's motion for a decision on the record and dismissed the petition for failure to prove causation by a preponderance of the evidence, citing 42 U.S.C. § 300aa-13(a)(1)(A). The Special Master noted that Dr.

Park did not file a medical expert report and that the submitted case report was insufficient to establish a medical theory of causation, a logical sequence of cause and effect, or a proximate temporal relationship between the trivalent flu vaccine he received and his unilateral hearing loss. The Special Master found that the case report involved a different vaccine, a different patient demographic, a different outcome, and a different treatment response.

Dr. Park had been given over a year to find an expert but failed to do so.

Subsequently, on January 13, 2015, the parties filed a stipulation of fact regarding attorneys' fees and costs. Special Master Millman issued a decision on January 13, 2015, awarding Dr.

Park $18,679.71 for attorneys' fees and costs, consisting of $14,216.00 in attorneys' fees and $4,463.71 in attorneys' costs. The award was to be paid by check jointly to Dr.

Park and Maglio, Christopher, & Toale, P.A. Petitioner's counsel was Danielle A.

Strait, and respondent's counsel was Lisa A. Watts.