Robert Petrillo v. HHS - chronic inflammatory demyelinating polyneuropathy (CIDP) (2016)
Case summary [AI summaries can sometimes make mistakes]
On December 1, 2015, Robert Petrillo filed a Vaccine Program petition alleging that he developed chronic inflammatory demyelinating polyneuropathy, or CIDP, as a result of a vaccine administered on November 30, 2012. The public dismissal decision does not identify the vaccine type.
The case was still in record-development when it ended. At a January 5, 2016 status conference, Petrillo's mother participated and indicated that she had power of attorney.
The Rule 4 report deadline was suspended while Petrillo continued collecting medical records. Attorney Howard S.
Gold later substituted in as counsel, and Petrillo received multiple extensions to file medical records, affidavits, and a statement of completion. After those materials were submitted on June 17, 2016, Petrillo moved for a decision dismissing the petition; the motion was unopposed.
Special Master Christian J. Moran dismissed the case on July 15, 2016 for insufficient proof.
The decision found no evidence of a Table injury and concluded that the medical records did not support causation-in-fact. Because Petrillo had not offered a medical opinion in support of the claim, he failed to show that his injuries were actually caused by vaccination.
No injury compensation was awarded.
Theory of causation
Unspecified vaccine administered November 30, 2012 alleged to cause chronic inflammatory demyelinating polyneuropathy (CIDP). DISMISSED. Petitioner developed records through early 2016, then moved for dismissal after submitting medical records/affidavits; motion was unopposed. Special Master Christian J. Moran found no Table injury, no medical-record support for causation-in-fact, and no competent medical opinion supporting the claim. Decision dismissing for insufficient proof filed July 15, 2016. No injury compensation awarded. Attorney: Howard S. Gold, Wellesley Hills, MA.
Source PDFs
USCOURTS-cofc-1_15-vv-01441