Richard Florida v. HHS - Influenza, encephalitis (2016)
Case summary [AI summaries can sometimes make mistakes]
Richard Florida, born October 30, 1947, filed a petition on October 27, 2014, alleging that an influenza vaccine administered on October 2, 2012, caused him to develop encephalitis seven days later. The respondent was the Secretary of Health and Human Services.
Mr. Florida's counsel was Amy J.
Coco, and respondent's counsel was Debra A. Filteau Begley.
Special Master Laura D. Millman presided over the case.
The petitioner's medical records did not substantiate that his subsequent complaints of left hand weakness and twitching were causally related to the encephalitis or the vaccination. Furthermore, doctors found no objective evidence that his symptoms were due to the encephalitis or that they were related to the influenza vaccination.
A key requirement of the Vaccine Act is that a vaccine injury or its sequelae must last more than six months to be compensable. Mr.
Florida's medical records indicated he had returned to baseline by October 13, 2012, less than two weeks after vaccination. Consequently, he was unable to prove that his injury or its sequelae lasted more than six months.
On January 19, 2016, Mr. Florida filed a motion to dismiss his petition, stating he would be unable to prove entitlement to compensation and that further proceedings would be unreasonable and a waste of resources.
Special Master Millman granted the motion, dismissing the case and finding that Mr. Florida failed to make a prima facie case under the Vaccine Act.
The decision was issued on January 19, 2016.
Theory of causation
Petitioner Richard Florida, born October 30, 1947, received an influenza vaccine on October 2, 2012, and alleged subsequent encephalitis seven days later. The alleged sequelae included left hand weakness and twitching. Petitioner's medical records did not substantiate a causal relationship between the alleged injury and the vaccination, nor did they provide objective evidence of causation. A critical element for compensation under the Vaccine Act is that the injury or its sequelae must last more than six months. Petitioner's medical records indicated he returned to baseline by October 13, 2012, less than two weeks post-vaccination, failing to meet the six-month duration requirement. Petitioner subsequently filed a motion to dismiss, acknowledging an inability to prove entitlement to compensation. Special Master Laura D. Millman granted the motion on January 19, 2016, dismissing the case for failure to establish a prima facie case. Petitioner's counsel was Amy J. Coco, and respondent's counsel was Debra A. Filteau Begley. The public decision does not describe the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_14-vv-01044