Jeffrey Edgar v. HHS - Influenza, swelling and pain in his hands and joints (2015)

Jeffrey Edgar filed a petition for compensation under the National Vaccine Injury Compensation Program on November 12, 2014. He alleged that an influenza vaccine caused his injury, which included swelling and pain in his hands and joints.

The public decision does not describe the specific date of vaccination or the petitioner's age at the time of vaccination. Petitioner was represented by Elaine Whitfield Sharp, Esq., and the respondent was represented by Gordon Shemin, Esq.

On July 16, 2015, the petitioner moved for a decision dismissing the petition. Special Master Thomas L.

Gowen issued a decision on August 26, 2015, dismissing the petition. The Special Master found that the petitioner had not demonstrated entitlement to an award because he failed to prove either a "Table Injury" or that his injury was actually caused by the vaccine.

The record did not contain evidence of a "Table Injury," nor persuasive evidence that the injury was vaccine-caused. The Special Master noted that under the Act, a petition cannot be based solely on the petitioner's claims and must be supported by medical records or a competent physician's opinion, neither of which was provided in sufficient detail to support the claim.

Therefore, the case was dismissed for insufficient proof. Subsequently, on September 1, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

The respondent did not object to the petitioner's request for $2,500.00 in attorneys' fees and costs. Special Master Gowen found that the petition was brought in good faith and with a reasonable basis, making an award for fees and costs appropriate.

On September 1, 2015, Special Master Gowen issued a decision awarding a lump sum of $2,500.00, payable jointly to the petitioner and his counsel, Elaine Whitfield Sharp, Esq., for attorney fees and costs.