VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00385 Package ID: USCOURTS-cofc-1_15-vv-00385 Petitioner: David Kaanoi, Jr. Filed: 2015-12-03 Decided: 2016-04-25 Vaccine: influenza Vaccination date: 2012-10-09 Condition: Guillain-Barre Syndrome (“GBS”) Outcome: dismissed Award amount USD: AI-assisted case summary: David Kaanoi, Jr. filed a petition on December 3, 2015, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his October 9, 2012 influenza vaccination. The petitioner was represented by Alison H. Haskins of Maglio Christopher and Toale, PA. The respondent was represented by Traci R. Patton of the U.S. Department of Justice. On December 2, 2015, the petitioner moved for a decision dismissing his petition, acknowledging that insufficient evidence existed to demonstrate entitlement to compensation. The petitioner stated that an investigation of the facts and science supporting his case had shown he would be unable to prove his entitlement to compensation under the National Vaccine Injury Compensation Program. To receive compensation, a petitioner must prove either a "Table Injury" – an injury listed on the Vaccine Injury Table corresponding to a vaccination – or that the vaccine actually caused the injury. The public decision does not describe the specific onset or symptoms of the alleged GBS, nor does it mention any medical records or expert opinions that were reviewed. The record did not disclose evidence of a Table Injury, nor did it contain a medical expert's opinion or other persuasive evidence indicating the GBS was vaccine-caused. Chief Special Master Nora Beth Dorsey noted that under the Vaccine Act, a petitioner cannot be awarded compensation based solely on their claims; the petition must be supported by medical records or a medical opinion. As the record did not contain sufficient medical records or a medical opinion to demonstrate that the vaccinee was injured by the vaccine, the claim for compensation was denied, and the case was dismissed for insufficient proof. Judgment was entered against the petitioner. The public decision does not describe any specific award amount or annuity terms. Theory of causation field: Petitioner David Kaanoi, Jr. alleged Guillain-Barre Syndrome (GBS) following an October 9, 2012 influenza vaccination. The case was dismissed upon petitioner's motion for a decision of dismissal due to insufficient proof of entitlement. The petitioner acknowledged that an investigation demonstrated an inability to prove entitlement. The public decision does not specify the mechanism of injury or name any medical experts. To be compensated, a petitioner must prove either a Table Injury or actual vaccine causation. The record did not disclose evidence of a Table Injury, nor did it contain a medical expert's opinion or other persuasive evidence indicating the GBS was vaccine-caused. Chief Special Master Nora Beth Dorsey issued the decision on April 25, 2016, denying the claim and dismissing the case for insufficient proof. Petitioner's counsel was Alison H. Haskins; Respondent's counsel was Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00385-0 Date issued/filed: 2016-04-25 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/03/2015) regarding 28 DECISION of Special Master (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00385-UNJ Document 31 Filed 04/25/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-385V Filed: December 3, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DAVID KAANOI, JR., * * Petitioner, * Petitioner’s Motion for a Decision v. * Dismissing his Petition; Guillain-Barre * Syndrome (“GBS”); Influenza (“Flu”) * Vaccination; Insufficient Proof of SECRETARY OF HEALTH * Causation; Vaccine Act Entitlement; AND HUMAN SERVICES, * Denial Without Hearing; Special * Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL., for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION1 Dorsey, Chief Special Master: On April 16, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program (“the Program”), 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”), alleging that he suffered Guillain-Barre Syndrome (“GBS”) as a result of his October 9, 2012 influenza vaccination. Petition at 1-4. The information in the record 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, the undersigned intends 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 (2012)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, that material will be removed from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:15-vv-00385-UNJ Document 31 Filed 04/25/16 Page 2 of 2 On December 2, 2015, petitioner moved for a decision dismissing the petition, acknowledging that insufficient evidence exists to demonstrate entitlement to compensation. (ECF No. 27). Petitioner indicated in his motion that “[a]n investigation of the facts and science supporting his case has demonstrated to Petitioner that he will be unable to prove that he is entitled to compensation in the Vaccine Program.” Id. Petitioner further indicated that he “understands that a decision by the Chief Special Master dismissing his petition will result in a judgment against him. He has been advised that such a judgment will end all of his rights in the Vaccine Program.” Id. 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 one of his vaccinations, or 2) that he suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). Examination of the record does not disclose any evidence that petitioner suffered a “Table Injury.” Further, the record does not contain a medical expert’s opinion or any other persuasive evidence indicating that petitioner’s alleged injury was vaccine-caused. Under the Vaccine Act, a petitioner may not be awarded compensation based on the petitioner’s claims alone. Rather, the petition must be supported by either the medical records or by a medical opinion. § 13(a)(1). In this case, the record does not contain medical records or a medical opinion sufficient to demonstrate that the vaccinee was injured by a vaccine. For these reasons, in accordance with § 12(d)(3)(A), petitioner’s claim for compensation is denied and this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.