{"package_id":"USCOURTS-cofc-1_16-vv-00878","decision_granule_id":"USCOURTS-cofc-1_16-vv-00878-1","petitioner_identifier":"Douglas Kelly","is_minor":0,"age_at_vaccination":63.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2015-09-07","condition_raw":"unilateral sensorineural hearing loss","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2021-11-12","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:54:33.716305+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Petitioner Douglas Kelly, aged 63, received an influenza vaccine on September 7, 2015. Within 30 minutes to two hours, he experienced ringing in his left ear, lightheadedness, and a loss of hearing in that ear, diagnosed as unilateral sensorineural hearing loss (SNHL). Petitioner alleged the flu vaccine aggravated a pre-existing, asymptomatic microvascular angiopathy. Petitioner's expert, Dr. Carlo Tornatore (neurologist), theorized a Type 1 hypersensitivity reaction or an autoimmune event exacerbated a pre-existing vascular condition in the labyrinthine artery, leading to focal injury and SNHL. Respondent's experts, Dr. Douglas Bigelow (otolaryngologist/neurotologist) and Dr. Michael Phillips (allergist/immunologist), disputed the causation theory. Dr. Bigelow argued SNHL is often idiopathic, found no evidence of pre-existing vascular disease, and noted the lack of other neurological symptoms inconsistent with vascular occlusion. Dr. Phillips also found no evidence of a pre-existing vascular condition or allergic reaction, and noted that treatments for allergic reactions were ineffective. The Chief Special Master denied entitlement, finding Petitioner failed to establish a pre-existing condition and that his causation theory was not supported by a preponderance of the evidence, particularly noting the extremely short onset time (less than two hours) was not medically acceptable for the proposed mechanisms and that epidemiological studies did not support a link between the flu vaccine and SNHL. The Court of Federal Claims upheld this decision, agreeing that Petitioner failed to meet the Althen/Loving prongs for causation and significant aggravation. The decision was issued by Chief Special Master Brian H. Corcoran and reviewed by Senior Judge Loren A. Smith. Petitioner was represented by Renee Gentry and Respondent by Adriana Teitel. Entitlement was denied.","is_death":0,"date_of_death":null,"petition_filed_date":"2016-07-25","case_summary":"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.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Douglas Kelly","petitioner_attorney_name":"J. Gentry","petitioner_attorney_firm":"Vaccine Injury Litigation Clinic, George Washington University Law School","petitioner_attorney_location":"Washington, DC","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:50","attorney_canonical_keys":"|gentry|","firm_canonical_key":"vaccine-injury-litigation-clinic-george-washington-university-law-school","package_title":"KELLY v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00878","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00878.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00878.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_16-vv-00878-0","title":"KELLY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/18/2021) regarding 66 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (kav) Service on parties made.","date_issued":"2021-11-12","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-00878/granules/USCOURTS-cofc-1_16-vv-00878-0/pdf","pdf_bytes":532080,"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_16-vv-00878/USCOURTS-cofc-1_16-vv-00878-0"},{"granule_id":"USCOURTS-cofc-1_16-vv-00878-1","title":"KELLY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"JUDGE VACCINE REPORTED OPINION reissuing 71 Judge Vaccine Order/Opinion. Signed by Senior Judge Loren A. Smith. (cew) Service on parties made.","date_issued":"2022-06-28","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-00878/granules/USCOURTS-cofc-1_16-vv-00878-1/pdf","pdf_bytes":314960,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_16-vv-00878/USCOURTS-cofc-1_16-vv-00878-1"},{"granule_id":"USCOURTS-cofc-1_16-vv-00878-2","title":"KELLY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 07/27/2022) regarding 78 DECISION of Special Master - Fees. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made.","date_issued":"2022-08-22","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}