VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01096
Package ID: USCOURTS-cofc-1_14-vv-01096
Petitioner: Milford B. Reiman
Filed: 2014-11-10
Decided: 2016-10-17
Vaccine: influenza
Vaccination date: 
Condition: brachial plexopathy and Parsonage-Turner Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01096-0
Date issued/filed: 2016-10-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/21/2016) regarding 35 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:14-vv-01096-UNJ Document 38 Filed 10/17/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1096V
(Filed: September 21, 2016)
* * * * * * * * * * * * * *
MILFORD B. REIMAN, *
* Dismissal; Influenza (“Flu”) Vaccine;
Petitioner, * Parsonage-Turner Syndrome;
* Brachial Plexopathy
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Howard S. Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Linda Renzi, U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On November 10, 2014, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program [“the Program”],2 alleging that an influenza
vaccination caused him to develop brachial plexopathy and Parsonage-Turner Syndrome. The
information in the record, however, does not show entitlement to an award under the Program.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner
have 14 days to identify and move to delete medical or other information, that satisfies the
criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public
access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter
“Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. §
300aa of the Act.
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Case 1:14-vv-01096-UNJ Document 38 Filed 10/17/16 Page 2 of 2
On September 20, 2016 petitioner filed a “Motion to Voluntarily Dismiss” seeking a decision
dismissing his petition. ECF No. 34.
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the
petitioner’s claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 13(a)(1). In this case, because there are insufficient
medical records supporting petitioner’s claim, a medical opinion must be offered in support.
Petitioner, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that he suffered a “Table Injury” or that his injuries were “actually caused” by
a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2