Milford B. Reiman v. HHS - Influenza, brachial plexopathy and Parsonage-Turner Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Milford B. Reiman filed a petition for vaccine compensation on November 10, 2014, alleging that an influenza vaccination caused him to develop brachial plexopathy and Parsonage-Turner Syndrome.
The Special Master noted that the information in the record did not demonstrate entitlement to an award under the National Vaccine Injury Compensation Program. To receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine.
The record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence that the alleged injury was vaccine-caused or vaccine-related. The petition must be supported by medical records or a competent physician's opinion.
In this case, there were insufficient medical records and no medical opinion was offered to support a finding of entitlement. On September 20, 2016, Mr.
Reiman filed a Motion to Voluntarily Dismiss his petition. The Special Master concluded that Mr.
Reiman failed to demonstrate either a "Table Injury" or that his injuries were "actually caused" by a vaccination. Therefore, the case was dismissed for insufficient proof.
The Special Master Mindy Michaels Roth issued the decision on October 17, 2016. Petitioner was represented by Howard S.
Gold, and respondent was represented by Linda Renzi.
Theory of causation
Petitioner Milford B. Reiman alleged that an influenza vaccine caused brachial plexopathy and Parsonage-Turner Syndrome. The petition was filed on November 10, 2014. The Special Master Mindy Michaels Roth noted that the record lacked evidence of a "Table Injury" or that the alleged injuries were actually caused by the vaccination. Insufficient medical records and no competent physician's opinion were provided to support entitlement. On September 20, 2016, the petitioner filed a Motion to Voluntarily Dismiss. The case was dismissed for insufficient proof on October 17, 2016. Petitioner counsel was Howard S. Gold, and respondent counsel was Linda Renzi.
Source PDFs
USCOURTS-cofc-1_14-vv-01096