Lee Patalowski v. HHS - Influenza, optic neuritis/neuropathy, permanent vision loss, and possible multiple sclerosis (2017)

Lee Patalowski filed a petition on December 11, 2015, alleging that he developed visual disturbances, optic neuritis/neuropathy, permanent vision loss, and possible multiple sclerosis as a result of an influenza vaccination received on December 12, 2012. The case progressed procedurally, and an order to show cause was issued on October 14, 2016, requiring Mr.

Patalowski to respond by December 13, 2016, as to why the case should not be dismissed for failure to prosecute. Mr.

Patalowski did not respond to this order. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine.

The record did not contain evidence of a Table Injury, and Mr. Patalowski was pursuing a causation-in-fact claim.

However, the Act requires claims to be supported by medical records or a competent physician's opinion, neither of which Mr. Patalowski provided.

Consequently, the case was dismissed for failure to prosecute and for insufficient proof. No compensation was awarded.