{"package_id":"USCOURTS-cofc-1_15-vv-01326","decision_granule_id":"USCOURTS-cofc-1_15-vv-01326-0","petitioner_identifier":"Marie Lemay","is_minor":0,"age_at_vaccination":59.166666666666664,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2012-11-06","condition_raw":"neurologic injury affecting her limbs, joints, muscles, eyes, and brain","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2016-11-28","extraction_version":"gemini-v2","extracted_at":"2026-04-30T02:48:09.046418+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":2,"theory_of_causation":"Petitioner Marie Lemay, born June 1, 1953, received an influenza vaccine on November 6, 2012. She alleged a neurologic injury affecting her limbs, joints, muscles, eyes, and brain. The respondent filed a Rule 4(c) Report. Petitioner's counsel submitted an \"expert report\" from Dr. Sadaf Khorasani, dated August 30, 2016, which consisted of brief answers to questions, including \"yes as there were no other attributing causes\" to a question about post-vaccination reaction. Special Master Laura D. Millman found this report insufficient to meet the three prongs of Althen v. Secretary of Health and Human Services, requiring a medical theory connecting vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship. The Special Master noted that the petitioner had not clearly defined her injury and had not met her burden to show the vaccine was a substantial factor, stating that mere temporal association and absence of other causes are insufficient. Petitioner's counsel was Catherine D. Mollica, and respondent's counsel was Robert P. Coleman, III. The case was dismissed on November 28, 2016, following petitioner's motion for voluntary dismissal.","is_death":0,"date_of_death":null,"petition_filed_date":"2015-11-05","case_summary":"Marie Lemay, born June 1, 1953, filed a petition on November 5, 2015, alleging that an influenza vaccine administered on November 6, 2012, caused her a neurologic injury affecting her limbs, joints, muscles, eyes, and brain. Lemay reported experiencing shortness of breath, muscle and joint aches, fatigue, tingling and burning in her feet, unsteadiness, weakness, chest tightness, and headaches starting within a few days of vaccination. She had a history of egg allergy and was advised to take Prednisone for five days before and after the vaccination. After the vaccination, she reported ill effects from the steroids and/or the vaccination. She sought medical attention on November 10, 2012, reporting shortness of breath and usual side effects like muscle and joint aches and fatigue. On November 13, 2012, she presented to an emergency department complaining of shortness of breath and body aches, where she was found to be neurologically grossly intact. On the same day, she saw neurologist Dr. Sadaf Khorasani, reporting a significant reaction to her 2011 flu shot with headache, muscle pain, cramp, and unsteadiness, requiring steroids. For the 2012 vaccination, she was medicated with Prednisone. After stopping Prednisone, she experienced tingling and burning in her feet, unsteadiness, weakness, chest tightness, and shortness of breath, which improved when she was restarted on Prednisone. Dr. Khorasani's physical examination found her to be normal, with no evidence of Guillain-Barré syndrome or focality. Further examinations on November 16 and December 7, 2012, also found her to be neurologically intact, with normal motor strength, sensation, and reflexes. An MRI of her brain performed on November 21, 2012, was normal. Dr. Khorasani noted \"I am unclear about the etiology\" and diagnosed depression, prescribing Cymbalta. Lemay visited other doctors without a diagnosis of a neurologic reaction to the flu vaccine or an autoimmune process. The respondent filed a Rule 4(c) Report. On September 8, 2016, petitioner's counsel submitted an \"expert report\" from Dr. Khorasani, which consisted of brief answers to questions posed by counsel, including \"yes as there were no other attributing causes\" to a question about a post-vaccination reaction. Special Master Laura D. Millman found this report insufficient to meet the three prongs of Althen v. Secretary of Health and Human Services for proving causation-in-fact, noting that the petitioner had not clearly defined her injury and had not met her burden to show the vaccine was a substantial factor. The Special Master noted that mere temporal association is not sufficient and that evidence showing an absence of other causes does not meet the petitioner's affirmative duty to show causation. The Special Master granted the petitioner's motion for voluntary dismissal filed on November 23, 2016, and dismissed the case. Petitioner was represented by Catherine D. Mollica, and respondent was represented by Robert P. Coleman, III. The decision was issued on November 28, 2016.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Laura D. Millman","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Catherine D. Mollica","petitioner_attorney_firm":"Mollica Law Offices PC","petitioner_attorney_location":"Hartford, CT","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|catherine-mollica|","firm_canonical_key":"mollica-law-offices","package_title":"LEMAY v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01326","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01326.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01326.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_15-vv-01326-0","title":"LEMAY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 11/28/2016) regarding 23 DECISION of Special Master Signed by Special Master Laura D Millman. (tlf) Copy to parties.","date_issued":"2016-12-23","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_15-vv-01326/granules/USCOURTS-cofc-1_15-vv-01326-0/pdf","pdf_bytes":193460,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_15-vv-01326/USCOURTS-cofc-1_15-vv-01326-0"}]}