Benjamin Follen v. HHS - Influenza, brachial plexitis (2015)

Benjamin Follen filed a petition for vaccine compensation on March 26, 2015, alleging he suffered from brachial plexitis as a result of the influenza vaccine. The Special Master, Thomas L.

Gowen, reviewed the record and found that it did not contain sufficient evidence to prove entitlement to an award under the National Vaccine Injury Compensation Program. Specifically, the record lacked evidence of a "Table Injury" or persuasive evidence that the alleged injury was actually caused by the vaccine.

The Special Master noted that under the Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or the opinion of a competent physician. In this case, the petitioner failed to provide either.

Consequently, on June 10, 2015, Special Master Gowen issued a decision dismissing the petition for insufficient proof. Subsequently, on May 20, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

Special Master Gowen awarded $14,137.82 in fees and costs, payable jointly to the petitioner and his attorney, Howard Scott Gold, finding that the petition was brought in good faith and had a reasonable basis. Claudia Gangi, Esq., represented the respondent, the Secretary of Health and Human Services.