Garry Rehn v. HHS - Influenza, reactive airway disease, acute respiratory distress, tachypnea, pneumonia, pleurisy, and pancreatitis (2017)

Filed 2014-10-20Decided 2017-03-15Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Garry Rehn filed a petition alleging injury from an influenza vaccine received on October 26, 2011. His initial counsel, Randall Knutson, filed the petition on October 20, 2014, alleging that the vaccine caused reactive airway disease, pneumonia, pleurisy, and pancreatitis.

Mr. Rehn had a complex medical history predating the vaccination, including elevated triglycerides, anxiety, hypertension, sleep apnea, lipid disorder, muscle cramps, and chronic pain syndrome.

Following the vaccination, Mr. Rehn experienced symptoms including nasal congestion, cough, fever, shortness of breath, chest tightness, and body aches, leading to hospitalizations for reactive airway disease, pneumonia, and pancreatitis.

Mr. Knutson gathered extensive medical records but struggled to find a medical expert to link the injuries to the vaccine, with one physician's assistant stating she could not directly relate the conditions to the flu shot.

Mr. Rehn then substituted Phyllis Widman as his counsel in June 2015.

Ms. Widman filed an amended petition alleging an aggravation of an unidentified autoimmune disorder.

Despite further efforts, no definitive diagnosis or causal link was established. The special master eventually dismissed Mr.

Rehn's case on August 30, 2016, for failure to prove a prima facie case, noting that Mr. Rehn had been unable to find a doctor to support his claim.

Subsequently, Ms. Widman sought attorney's fees for her work, but the special master denied the request, finding that there was no longer a reasonable basis for the claim when Ms.

Widman took over the case, given Mr. Knutson's prior unsuccessful seven-month search for expert support.

The court affirmed the special master's decision, denying Ms. Widman's motion for review and upholding the denial of her fees.

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