Bruce A. Ling Jr. v. HHS - Influenza, fever, light-headedness, difficulty breathing, heart fluttering, and left side jaw clenching (2017)

Bruce A. Ling Jr. filed a petition on October 20, 2017, alleging that an influenza vaccine administered on November 8, 2011, caused him to suffer an adverse reaction, including fever, light-headedness, difficulty breathing, heart fluttering, and left side jaw clenching.

Mr. Ling, who was incarcerated at the time of vaccination, proceeded pro se throughout the litigation.

He submitted medical records, primarily from his time in prison and after his release, along with affidavits from his brothers and caregiver. The respondent, the Secretary of Health and Human Services, recommended denial of the petition, stating that Mr.

Ling had not met his burden of proof because no treating doctors or experts opined that the flu vaccine harmed him. The Special Master directed Mr.

Ling to obtain an expert report, outlining the minimum topics on which an expert needed to opine. Mr.

Ling did not submit a report from an expert retained for the litigation. He also attempted to use a subpoena for evidence and moved for a hearing.

The Special Master reviewed approximately 1,000 pages of medical records, noting that while Mr. Ling consistently reported his belief that the vaccine injured him, the medical staff often could not find an objective basis for his complaints.

The records indicated that Mr. Ling had a history of depression and anxiety, and experienced various health issues before the vaccination.

After the vaccination, Mr. Ling continued to report numerous health problems, suggesting alternative causes like chronic fatigue syndrome, but no doctor reached this diagnosis.

Medical providers unaffiliated with correctional facilities also failed to find verifying medical problems. A neurologist, Dr.

Annet Ella Falchook, could not verify a vaccine injury, and an EMG performed the day after her examination was negative. The Special Master found that Mr.

Ling had not established entitlement to compensation because he failed to provide reliable medical evidence supporting his claim, as required by the National Childhood Vaccine Injury Act. The Special Master denied Mr.

Ling's requests for procedural remedies, including compelling testimony from treating doctors and holding a hearing, stating that the record already contained Mr. Ling's perspective and that a hearing would not fill the gap of missing medical evidence.

The Special Master concluded that there was a gap between Mr. Ling's beliefs and the medical records, and therefore, his petition was denied.

The decision was issued by Special Master Christian J. Moran on July 21, 2017, and reissued for publication on August 28, 2017.

Petitioner counsel was Bruce A. Ling Jr. (pro se) and respondent counsel was Amy P.

Kokot.