John Greider v. HHS - Influenza, Parsonage-Turner syndrome, otherwise known as brachial plexus neuritis or neuropathy (2017)
Case summary [AI summaries can sometimes make mistakes]
John Greider filed a petition alleging that the influenza vaccine administered on November 5, 2013, caused him to develop Parsonage-Turner syndrome, also known as brachial plexus neuritis. The case was initially in a special processing unit before being transferred to the undersigned Special Master.
After reviewing the medical records, the Special Master noted difficulties with the petitioner's case and ordered him to file an expert report. The petitioner filed multiple motions for extensions of time to file this report or to dismiss the case.
Ultimately, on May 26, 2017, the petitioner filed a motion to dismiss, stating that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation. The Special Master granted the motion to dismiss.
The decision noted that pre-vaccination medical records showed prior neck and shoulder issues, and post-vaccination records indicated a long interval of 49 days between vaccination and the onset of claimed symptoms, raising questions about causation. Furthermore, no medical record substantiated post-vaccinal brachial neuritis, and the petitioner failed to file an expert medical opinion.
Consequently, the case was dismissed for failure to prove a prima facie case of causation in fact.
Source PDFs
USCOURTS-cofc-1_16-vv-00915