Thomas Rose v. HHS - Influenza, vascular event; permanent vision loss (2019)
Case summary [AI summaries can sometimes make mistakes]
Thomas Rose filed a petition alleging that he suffered a vascular event causing permanent vision loss in his left eye as a result of receiving an influenza vaccine on September 23, 2013, and a pneumococcal vaccine on July 6, 2015. He also alleged that the vaccines aggravated a preexisting condition.
The court noted that to receive compensation, Mr. Rose needed to prove either a Table Injury or that his injuries were actually caused by the vaccines.
The decision found no evidence that he suffered a Table Injury, nor did he allege such. Furthermore, the court found no persuasive evidence that the vaccinations caused his vision loss or any other injuries.
The medical records alone were insufficient to establish causation, and the expert reports submitted by Mr. Rose were found unpersuasive, with neither expert being a medical doctor.
Mr. Rose was asked to submit a report from a rheumatologist but failed to do so.
Consequently, the court determined that Mr. Rose failed to demonstrate that he suffered a Table Injury or that his injuries were caused-in-fact or significantly aggravated by the vaccinations.
The case was dismissed for insufficient proof.
Source PDFs
USCOURTS-cofc-1_16-vv-01095