Nickolas Ries v. HHS - Influenza, death (2015)

Kristina Ries filed a petition on November 13, 2014, on behalf of her minor child, Nickolas Ries, alleging that Nickolas died as a result of an adverse reaction to an influenza vaccine received on December 11, 2012. No medical records were filed with the initial petition.

Ms. Ries later filed an affidavit and medical records on December 3, 2014, followed by a statement of completion on December 16, 2014.

The respondent filed a report on February 3, 2015, concluding that the petitioner failed to meet the criteria for a Vaccine Table injury and could not prove by a preponderance of the evidence that the influenza vaccine caused Nickolas's death, nor did she establish a prima facie case under the Althen standard for off-Table claims. The petitioner was ordered to file an expert report by April 20, 2015, and subsequently filed a report from Dr.

David Axelrod on May 20, 2015. Following a status conference, a deadline was set for the respondent to file a responsive report.

However, before the respondent's report was due, Ms. Ries moved to dismiss her petition on July 16, 2015.

She stated that an investigation of the facts and science, as medical records were received, demonstrated that she would likely be unable to meet her burden of proof to establish entitlement to compensation. The Special Master, Christian J.

Moran, analyzed the case, noting that compensation requires proof of a "Table Injury" or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury.

Because the medical records did not support the claim, a medical opinion was required. Although an opinion from Dr.

Axelrod was provided, the petitioner determined she could not meet her burden of proof. Consequently, the petition was dismissed for insufficient proof on September 17, 2015.

Subsequently, on October 2, 2015, Special Master Christian J. Moran addressed attorneys' fees and costs.

A stipulation of fact concerning final attorneys' fees and costs was filed on September 8, 2015. The petitioner agreed to seek $25,450.00 for attorneys' fees and costs after informal discussions with the respondent regarding objections.

The respondent found the application reasonable. The Special Master awarded a lump sum of $25,450.00, payable to the petitioner and her attorney, Van Cott & Talamante, PLLC, for attorneys' fees and litigation costs.

This award was made because the petitioner brought the case in good faith and with a reasonable basis, and the respondent did not object to the amount. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments administered.

The petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and the respondent was represented by Ryan Pyles of the United States Department of Justice.