Larry Gordon v. HHS - various injuries (2016)
Case summary [AI summaries can sometimes make mistakes]
On March 24, 2016, Larry Gordon filed a petition for vaccine compensation alleging that on October 28, 2015, he suffered various injuries due to a dye administered during a magnetic resonance imaging test. The Special Master, George L.
Hastings, Jr., reviewed the petition. To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate they received a vaccine listed in the Vaccine Injury Table and sustained an injury caused by a vaccine covered by the program.
The public decision does not describe the specific injuries alleged, the petitioner's counsel, the respondent's counsel, or any expert testimony. Mr.
Gordon did not state a claim that he received a vaccination set forth in the Vaccine Injury Table, nor did he allege that a vaccine caused his injuries. The Special Master determined that the dye administered was not a vaccine covered by the Program.
Because the petition failed to state a claim upon which relief could be granted, the petition was dismissed. No award was made.
The decision was issued on April 4, 2016.
Theory of causation
Petitioner Larry Gordon filed a petition on March 24, 2016, alleging various injuries on October 28, 2015, from a dye administered during an MRI. The Special Master George L. Hastings, Jr. dismissed the petition on April 4, 2016, for failure to state a claim. The public decision does not specify the dye, the alleged injuries, the petitioner's age, or the specific vaccine(s) involved. The Special Master found that the substance administered was not a vaccine covered by the National Vaccine Injury Compensation Program and that the petition failed to allege receipt of a vaccine listed in the Vaccine Injury Table or that a vaccine caused the alleged injuries. No award was made. The public decision does not mention any experts or provide a detailed mechanism of injury.
Source PDFs
USCOURTS-cofc-1_16-vv-00374