Vyacheslav Zaretskiy v. HHS - Influenza, other (2015)
Case summary [AI summaries can sometimes make mistakes]
Vyacheslav Zaretskiy filed a petition on June 16, 2014, alleging injury related to an influenza vaccine received on June 21, 2012. The Special Master issued an order to show cause on May 4, 2015, directing Mr.
Zaretskiy to respond by June 3, 2015, regarding why the case should not be dismissed. Mr.
Zaretskiy did not respond to this order. On August 28, 2015, the respondent moved to dismiss the case for insufficient proof.
The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or a physician's opinion. The public decision does not describe the specific injury suffered, nor does it mention any supporting medical records or physician's opinions in the record.
The Special Master found that Mr. Zaretskiy failed to demonstrate a Table Injury or that his injuries were actually caused by the vaccination.
Consequently, the case was dismissed for failure to prosecute and insufficient proof. No award was granted.
The decision was signed by Special Master Christian J. Moran.
Theory of causation
Petitioner Vyacheslav Zaretskiy filed a petition on June 16, 2014, alleging injury from an influenza vaccine administered on June 21, 2012. The case was dismissed by Special Master Christian J. Moran on August 28, 2015, for failure to prosecute and insufficient proof. Mr. Zaretskiy failed to respond to an order to show cause and did not provide evidence of a Table Injury or actual causation, nor did he submit supporting medical records or a physician's opinion. The public decision does not specify the alleged injury, the mechanism of causation, or any expert testimony. No award was granted.
Source PDFs
USCOURTS-cofc-1_14-vv-00511