Samuel Gray v. HHS - Influenza, Dyspnea and other neurological symptoms (2015)

Samuel Gray filed a petition for Vaccine Compensation on November 5, 2013, alleging that an influenza vaccine administered on October 21, 2010, caused him to suffer from dyspnea and other neurological symptoms. The record did not contain sufficient evidence to support entitlement to compensation under the National Vaccine Injury Compensation Program.

Petitioner's counsel was Verne E. Paradie, Jr. of Maglio, Paradie Sherman Walker and Worden.

Respondent's counsel was Gordon E. Shemin of the U.S.

Department of Justice. On January 24, 2014, petitioner moved for a decision dismissing his petition.

Special Master Mindy Michaels Roth issued a decision on October 21, 2015, dismissing the petition. The Special Master found that the record lacked sufficient evidence of either a "Table Injury" or an injury that was "actually caused" by the vaccine.

The decision noted that under the Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion, neither of which was provided in sufficient support of entitlement. Consequently, the case was dismissed for insufficient proof.

Subsequently, on October 27, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Respondent did not object to a total award of attorneys' fees and costs in the amount of $10,534.20.

Petitioner also incurred $1,500.00 in out-of-pocket litigation expenses. Special Master Roth granted the motion for approval and payment of attorneys' fees and costs on October 27, 2015.

The award was to be made in the form of a check jointly payable to Samuel Gray and Verne E. Paradie for $10,534.20, and a check payable to Samuel Gray for $1,500.00.

The Clerk was ordered to enter judgment accordingly.