{"package_id":"USCOURTS-cofc-1_13-vv-00866","decision_granule_id":"USCOURTS-cofc-1_13-vv-00866-1","petitioner_identifier":"Kendy Sue Wilson","is_minor":null,"age_at_vaccination":null,"age_unit_raw":"years (no age in source - verified)","vaccine_type":"influenza","vaccination_date":"2011-01-29","condition_raw":"sensorineural hearing loss and tinnitus","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2015-11-12","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:31:30.102548+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Kendy Sue Wilson alleged that an influenza vaccine administered on January 29, 2011, caused sensorineural hearing loss (SNHL) and tinnitus. Respondent opposed compensation, stating petitioner failed to provide preponderant evidence. The parties filed a joint stipulation for dismissal on September 28, 2015, with petitioner acknowledging inability to prove entitlement. Chief Special Master Nora Beth Dorsey dismissed the petition on September 29, 2015, for insufficient proof, noting the absence of a \"Table Injury\" and insufficient medical expert opinion to establish causation, despite both parties offering expert opinions. Petitioner was unable to retain an additional expert. Attorneys' fees and costs were awarded separately in the amount of $34,796.25, payable jointly to petitioner and counsel Maximillian J. Muller of Muller Brazil, LLP. Respondent's counsel was Lisa A. Watts. Judgment was entered October 19, 2015.","is_death":0,"date_of_death":null,"petition_filed_date":"2013-11-01","case_summary":"Kendy Sue Wilson filed a petition on November 1, 2013, seeking compensation under the National Vaccine Injury Act of 1986. She alleged that an influenza vaccination received on January 29, 2011, caused her to suffer sensorineural hearing loss (SNHL) and tinnitus. The respondent filed a Rule 4 report on April 4, 2014, stating that the case was not appropriate for compensation because the petitioner failed to provide preponderant evidence. On September 28, 2015, the parties filed a joint stipulation for dismissal. In this stipulation, the petitioner acknowledged that she would be unable to prove entitlement to compensation in the Vaccine Program, understanding that a dismissal would result in a judgment against her and end all rights in the program. The petitioner stated that an investigation of the facts and science supporting the case demonstrated she would be unable to prove entitlement. The public decision does not describe the specific onset of symptoms, medical records, diagnostic tests, or treatments. To receive compensation, a 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,\" nor did the petitioner allege one. While both parties offered medical expert opinions on causation, the record did not contain a sufficient medical expert opinion indicating the injuries were caused by the vaccination, and the petitioner was unable to retain an additional expert. The public decision notes that a petitioner cannot be awarded compensation based solely on claims; the petition must be supported by medical records or a competent physician's opinion. As the medical records were insufficient and no persuasive medical expert opinion was offered, the petition was dismissed for insufficient proof. Chief Special Master Nora Beth Dorsey issued the decision dismissing the petition on September 29, 2015. Subsequently, on October 20, 2015, the parties filed a Stipulation of Fact Regarding Final Attorneys’ Fees and Costs. The parties stipulated to a total award of attorneys’ fees and costs of $34,796.25. Petitioner’s counsel stated that the petitioner did not advance any reimbursable costs. Chief Special Master Dorsey granted the request for approval and payment of attorneys’ fees and costs, ordering a lump sum of $34,796.25 payable jointly to the petitioner and her counsel, Maximillian J. Muller of Muller Brazil, LLP. Lisa A. Watts represented the respondent. Judgment was entered on October 19, 2015.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Nora Beth Dorsey","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Maximillian J. Muller","petitioner_attorney_firm":"Muller Brazil, LLP","petitioner_attorney_location":"Dresher, PA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|maximillian-muller|","firm_canonical_key":"muller-brazil","package_title":"WILSON v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00866","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00866.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00866.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_13-vv-00866-0","title":"WILSON v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 09/29/2015) regarding 40 DECISION of Special Master Signed by Chief Special Master Nora Beth Dorsey. 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