William H. Kennedy, Jr. v. HHS - Influenza, fainted and suffered facial injuries (2015)

William H. Kennedy, Jr. filed a petition on July 1, 2013, seeking compensation under the National Vaccine Injury Compensation Program.

He alleged that he fainted and suffered facial injuries, including a lost tooth, chipped teeth, surgically removed teeth, five facial fractures requiring his jaw to be wired shut, and plates and screws placed in his mandible, as a result of an influenza vaccination received on October 18, 2011. The respondent was the Secretary of Health and Human Services.

The Special Master, Lisa Hamilton-Fieldman, issued a decision on August 18, 2014, dismissing the case for insufficient proof of causation. The decision noted that the petitioner's counsel indicated that the petitioner's retained expert was no longer willing to participate because the medical records did not support his theory of causation.

The Special Master found that the petitioner failed to establish a reliable medical theory connecting the vaccine to the injury (Althen Prong I), a logical sequence of cause and effect showing the vaccination was the reason for the injury (Althen Prong II), and a proximate temporal relationship that comported with a theory of causation (Althen Prong III). The medical records indicated that immediately after fainting, the petitioner's blood sugar was measured at 50, and he was described as hypoglycemic.

His attending physician also noted that it was felt the patient possibly became hypoglycemic and fainted, resulting in his injury, with no mention of the vaccine as a cause. The Special Master concluded that the fainting episode stemmed from hypoglycemia secondary to the petitioner's diabetes, not the influenza vaccination.

The public decision does not describe the specific symptoms prior to fainting, diagnostic tests other than blood sugar, or the mechanism of injury beyond the fall. Petitioner's counsel was Russell W.

Lewis, IV, and respondent's counsel was Glenn A. MacLeod.

Subsequently, on May 7, 2015, Special Master Hamilton-Fieldman issued a decision approving a stipulation between the parties. The parties agreed to an award of $14,000.00 for attorneys' fees and costs, acknowledging that the petition was brought in good faith with a reasonable basis.

The award was made payable jointly to William H. Kennedy, Jr. and his counsel, Russell W.

Lewis, IV.