Kevin Thompson v. HHS - Influenza, brachial plexopathy (2018)

On November 21, 2013, Kevin Thompson filed a petition for vaccine injury compensation, alleging that an influenza vaccination caused him to develop brachial plexopathy. The public decision does not specify the exact date of the vaccination.

The record did not support entitlement to compensation. On April 27, 2017, petitioner filed a motion to dismiss his petition.

Special Master Mindy Michaels Roth dismissed the petition on April 27, 2017. The Special Master found no evidence that petitioner suffered a "Table Injury" as defined by the Vaccine Injury Table, nor was there persuasive evidence that petitioner's alleged injury was vaccine-caused or vaccine-related.

The public decision notes that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The petition must be supported by medical records or a competent physician's opinion.

In this case, the record lacked sufficient medical records, and the petitioner filed three expert reports from Dr. Thomas Wright.

Dr. Wright conceded that petitioner had a pre-existing, symptomatic issue with his right shoulder and arm at the time of the influenza vaccination, stating, "Whether this was a flare up of his known radiculopathy or mild early plexopathy is unknown but it is safe to say the process was active and present at the time of the vaccination." Dr.

Wright was unable to distinguish between the petitioner's ongoing neurological issues and any additional injuries that may have arisen after the vaccine. Furthermore, the petitioner could not provide proof that the influenza vaccine was administered in his right arm.

The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received. Petitioner's counsel was Franklin John Caldwell, Jr. of Maglio, Christopher, & Toale.

Respondent's counsel was Amy Kokot of the U.S. Dept. of Justice.

No compensation was awarded.