Alfa Dia v. HHS - Influenza, rapid heartbeat, fever, chills, sweating, headaches, joint pain, and numbness, weakness and tingling in his lower extremities and eventually his entire body (2016)
Case summary [AI summaries can sometimes make mistakes]
Alfa Dia filed a petition on October 6, 2014, seeking compensation under the National Childhood Vaccine Injury Act for injuries he alleged were sustained after receiving an influenza vaccine on October 2, 2012. An amended petition was filed on July 9, 2015.
Mr. Dia alleged that the vaccine caused him to suffer rapid heartbeat, fever, chills, sweating, headaches, joint pain, and numbness, weakness, and tingling in his lower extremities and eventually his entire body.
The respondent filed a Rule 4 report on August 12, 2015, arguing that the petitioner failed to demonstrate entitlement to compensation because Mr. Dia had not sustained a "Table Injury" and had not provided persuasive evidence of any vaccine-caused injury.
On October 26, 2015, the petitioner filed an expert report from Phillip C. DeMio, M.D.
The Special Master found Dr. DeMio's report unpersuasive, noting that it asserted vaccines "can & do lead to entities including peripheral neuropathies" without proposing a theory that satisfied the first prong of Althen, and that Dr.
DeMio did not explain his qualifications to opine on peripheral neuropathy given his background in autism. On February 2, 2016, the petitioner indicated a need for further testing, including QSART testing and a skin biopsy for intra-epidermal nerve fiber counting.
These tests were performed on March 29, 2016, and yielded normal results. The public decision does not describe the specific symptoms experienced by Mr.
Dia, the onset of these symptoms, any specific medical records supporting the claim, or the specific mechanism of injury. During a status conference on September 7, 2016, the petitioner's counsel requested time to confer with the petitioner.
On October 5, 2016, the petitioner filed a Motion for Ruling on the Record. In the analysis, Special Master Christian J.
Moran noted that to receive compensation, petitioners must prove either a "Table Injury" or that the vaccine actually caused the injury. The record did not contain evidence of a "Table Injury" or other persuasive evidence of an injury.
The Special Master found that the medical records did not support the petitioner's claim and the offered medical opinion was not persuasive. Consequently, the case was dismissed for insufficient proof.
The decision was issued by Special Master Christian J. Moran on October 24, 2016.
Petitioner's counsel was Braden A. Blumenstiel of Blumenstiel Falvo, LLC.
Respondent's counsel was Jennifer L. Reynaud of the United States Dep’t of Justice.
No award amount was granted.
Theory of causation
Petitioner Alfa Dia alleged that an influenza vaccine administered on October 2, 2012, caused him to suffer rapid heartbeat, fever, chills, sweating, headaches, joint pain, and numbness, weakness, and tingling in his lower extremities and eventually his entire body. The petition was filed on October 6, 2014, and amended on July 9, 2015. Respondent argued that petitioner failed to demonstrate a "Table Injury" or a vaccine-caused injury. Petitioner's expert, Phillip C. DeMio, M.D., asserted that vaccines can lead to peripheral neuropathies but did not propose a specific theory satisfying the Althen standard and did not explain his qualifications to opine on peripheral neuropathy. Subsequent testing, including QSART and skin biopsy, yielded normal results. The Special Master found the medical records and the expert opinion unpersuasive and concluded that petitioner failed to prove a "Table Injury" or any injury caused by the vaccine. The case was dismissed for insufficient proof on October 24, 2016, by Special Master Christian J. Moran. Petitioner's counsel was Braden A. Blumenstiel; respondent's counsel was Jennifer L. Reynaud. No award was granted.
Source PDFs
USCOURTS-cofc-1_14-vv-00954