VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00921
Package ID: USCOURTS-cofc-1_13-vv-00921
Petitioner: Kevin Thompson
Filed: 2013-11-21
Decided: 2018-01-02
Vaccine: influenza
Vaccination date: 2013-11-21
Condition: brachial plexopathy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Kevin Thompson alleged that an influenza vaccine administered on November 21, 2013, caused brachial plexopathy. The Special Master's decision, issued by Mindy Michaels Roth on April 27, 2017, dismissed the petition for insufficient proof. The petitioner failed to demonstrate a "Table Injury" or that the injury was "actually caused" by the vaccine. Petitioner's expert, Dr. Thomas Wright, conceded that the petitioner had a pre-existing, symptomatic condition in his right shoulder and arm at the time of vaccination, making it impossible to distinguish between the pre-existing condition and any vaccine-related injury. The petitioner also failed to provide proof of vaccine administration in the affected arm. 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 award was granted.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00921-0
Date issued/filed: 2017-05-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/27/2017) regarding 72 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:13-vv-00921-UNJ Document 73 Filed 05/22/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-921V
(Filed: April 27, 2017)
* * * * * * * * * * * * * *
KEVIN THOMPSON, *
* Dismissal; Influenza (“Flu”) Vaccine;
Petitioner, * Brachial Plexopathy; Insufficient
* Proof.
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher, & Toale, Sarasota, FL, for petitioner.
Amy Kokot, U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On November 21, 2013, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program [“the Program”],2 alleging that an influenza
vaccination caused him to develop brachial plexopathy. The information in the record, however,
does not show entitlement to an award under the Program. On April 27, 2017 petitioner filed a
“Motion to Dismiss Petition,” requesting that his case be dismissed. ECF No. 71.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner
have 14 days to identify and move to delete medical or other information, that satisfies the
criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public
access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter
“Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. §
300aa of the Act.
1

Case 1:13-vv-00921-UNJ Document 73 Filed 05/22/17 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the petitioner’s
claims alone. Rather, the petition must be supported by either medical records or by the opinion
of a competent physician. § 13(a)(1). In this case, because there are insufficient medical records
supporting petitioner’s claim, a medical opinion must be offered in support. Petitioner filed three
expert reports from Dr. Thomas Wright. Pet. Exs. 13, 20, 24; ECF Nos. 52, 58, 69. Dr. Wright
conceded that petitioner had a well-documented issue with his right shoulder and arm, which was
symptomatic at the time that he received the influenza vaccination.3 “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.” Pet. Ex. 20 at 2, ECF No. 58. Dr. Wright
was unable to distinguish between petitioner’s ongoing neurological issues of the right shoulder
and what, if any, additional injuries arose after his vaccine. Additionally, petitioner was unable to
provide any proof that the influenza vaccine was administered in his right arm.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate
either that he suffered a “Table Injury” or that his alleged injuries were “actually caused” by a
vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 On the day of, but prior to, his receipt of the influenza vaccination, petitioner saw an orthopedic
specialist for his arm pain. Additionally, petitioner had had an MRI the day before due to the
severity of his symptoms, for which he was taking pain medications.
2