Douglas Andor v. HHS - Influenza, ulcerative colitis, spondylitis, and elevated liver enzymes (2015)

Filed 2013-10-31Decided 2015-01-16Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Douglas Andor filed a petition on October 31, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine received on October 31, 2010, and Hepatitis A and Tetanus-Diptheria-Pertussis (Tdap) vaccines received on November 5, 2010, caused him to develop ulcerative colitis, spondylitis, and elevated liver enzymes. Respondent, the Secretary of Health and Human Services, denied causation.

On November 21, 2014, Mr. Andor filed a Motion for Decision Dismissing His Petition, stating that an investigation of the facts and science had demonstrated he would be unable to prove entitlement to compensation in the Vaccine Program.

Special Master Lisa Hamilton-Fieldman issued a decision on November 21, 2014, dismissing the petition for insufficient proof. The Special Master noted that the record did not contain evidence of a "Table Injury" or a medical expert's opinion, nor other persuasive evidence, to establish that the alleged injuries were caused by the vaccinations.

Compensation could not be awarded based solely on the petitioner's claims. On December 17, 2014, the parties filed a Stipulation of Facts Concerning Final Attorneys’ Fees and Costs.

Special Master Hamilton-Fieldman issued a decision on January 16, 2015, awarding $12,350.33 in attorneys' fees and costs, payable jointly to Mr. Andor and his counsel, Edward M.

Kraus of the Law Offices of Chicago-Kent College of Law. The Special Master found the petition was brought in good faith with a reasonable basis.

The public decision does not describe the onset of symptoms, specific medical records, or the mechanism of causation.

Theory of causation

Petitioner Douglas Andor alleged that an influenza vaccine on October 31, 2010, and Hepatitis A and Tdap vaccines on November 5, 2010, caused ulcerative colitis, spondylitis, and elevated liver enzymes. Petitioner moved to dismiss his petition on November 21, 2014, acknowledging an inability to prove entitlement to compensation. Special Master Lisa Hamilton-Fieldman dismissed the petition on November 21, 2014, for insufficient proof, noting the absence of a "Table Injury" or persuasive medical expert opinion or other evidence linking the vaccinations to the alleged injuries. The public text does not detail the specific mechanism of causation, expert testimony, or the breakdown of the $12,350.33 award for attorneys' fees and costs, which was made payable jointly to Petitioner and his counsel, Edward M. Kraus of the Law Offices of Chicago-Kent College of Law.

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