Douglas Kelly v. HHS - Influenza, unilateral sensorineural hearing loss (2022)

On July 25, 2016, Douglas Kelly filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that his unilateral sensorineural hearing loss (SNHL) was caused by an influenza vaccine received on September 7, 2015. Mr.

Kelly, who was 63 years old at the time of vaccination, alleged that the flu vaccine aggravated a pre-existing, asymptomatic microvascular angiopathy, which subsequently led to his SNHL. The case was initially handled by Special Master Hastings, then reassigned to Special Master Corcoran, then Special Master Oler, and finally reassigned back to Chief Special Master Corcoran in January 2021.

The parties agreed to resolve the matter via a ruling on the record. Chief Special Master Corcoran denied entitlement on October 18, 2021, finding that Mr.

Kelly failed to establish a pre-existing condition that the vaccine could aggravate and that his causation theory was not supported by a preponderance of the evidence. Mr.

Kelly subsequently filed a motion for review of this decision with the Court of Federal Claims. Senior Judge Loren A.

Smith reviewed the decision and denied the motion for review on June 28, 2022. The court found that the Chief Special Master applied the correct legal standards and that his findings were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

The court also found that the Chief Special Master did not abuse his discretion by reassigning the case to himself and by deciding the case on the record without a hearing. Petitioner was represented by Renee Gentry of the George Washington University Law School Vaccine Injury Litigation Clinic, and Respondent was represented by Adriana Teitel of the U.S.

Department of Justice. The public decision does not detail the specific dollar amount of any award or annuity, as entitlement was denied.