{"package_id":"USCOURTS-cofc-1_16-vv-01293","decision_granule_id":"USCOURTS-cofc-1_16-vv-01293-0","petitioner_identifier":"Robert Kinzie","is_minor":0,"age_at_vaccination":45.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2013-11-03","condition_raw":"phrenic nerve paralysis on the right and/or Parsonage-Turner syndrome","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2017-05-23","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:45:32.153598+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":140,"theory_of_causation":"Petitioner Robert Kinzie, born in 1968, received an influenza vaccine on November 3, 2013, and alleged it caused right phrenic nerve paralysis and/or Parsonage-Turner syndrome, with symptom onset on April 21, 2014. The case was dismissed by Special Master Laura D. Millman on May 23, 2017, for failure to prove a prima facie case of causation in fact. The public decision does not describe a specific medical theory connecting the vaccine to the injury, nor does it name any experts who provided supporting opinions. Petitioner's counsel repeatedly sought extensions to file an expert report but ultimately stated they would not be filing one. Medical records showed right phrenic neuropathy diagnosed on February 1, 2016, but nerve conduction studies ruled out brachial plexopathy. The Special Master noted the five-month gap between vaccination and symptom onset and the lack of medical records substantiating a vaccine reaction, concluding that petitioner failed to meet the burden of proof for a non-Table injury. No award was made as the case was dismissed.","is_death":0,"date_of_death":null,"petition_filed_date":"2017-05-23","case_summary":"Robert Kinzie, born in 1968, filed a petition on May 23, 2017, alleging that an influenza vaccine administered on November 3, 2013, caused him to develop phrenic nerve paralysis on the right and/or Parsonage-Turner syndrome. The petition also mentioned an alternative claim for significant aggravation related to a flu vaccine administered on November 1, 2014, though no injury was alleged from that vaccination. The respondent was the Secretary of Health and Human Services. Petitioner's counsel was F. John Caldwell, Jr., and respondent's counsel was Darryl R. Wishard. Special Master Laura D. Millman presided over the case. The medical records indicated that petitioner received a flu vaccine on November 3, 2013. He sought medical treatment on April 21, 2014, approximately five months after the vaccination, for right shoulder pain that radiated to his right neck. He had performed yard work two days prior. Medical records from May 5, 2014, showed abnormal pulmonary function with moderate, obstructive lung disease. A chest x-ray on October 21, 2014, revealed a mildly enlarged heart and elevation of the right hemidiaphragm, which was new compared to a January 21, 2013 x-ray. A chest CT scan on November 7, 2014, confirmed moderate elevation of the right hemidiaphragm, potentially related to phrenic nerve paralysis. Petitioner saw a pulmonologist on February 26, 2015, for dyspnea on exertion that began around April 2014, and a neurologist on June 16, 2015, who suspected phrenic neuritis or brachial plexitis. Nerve conduction studies and EMG on July 21, 2015, diagnosed right phrenic neuropathy without brachial plexopathy or myopathy, and showed normal nerve conduction and EMG in the left arm. The petitioner was diagnosed with oropharyngeal dysphagia and underwent a swallowing evaluation on August 13, 2015. A sleep study on October 26, 2015, revealed obstructive apnea and hypopneas. On February 1, 2016, the neurologist diagnosed petitioner with right phrenic neuropathy. A pulmonologist on February 5, 2016, noted that hypoventilation due to right phrenic neuropathy was not playing a role in his sleep apnea, attributing the sleep apnea to weight gain and a crowded airway. Throughout the proceedings, petitioner's counsel indicated the case was difficult and sought multiple extensions to obtain an expert neurologist's report. Initially, a neurologist was consulted, but the petitioner's counsel stated they would not proceed if the neurologist refused to support the allegations. Subsequently, a second neurologist was retained, but after further delays, petitioner's counsel informed the court on May 22, 2017, that they would not be filing an expert report. Special Master Millman noted that no medical records substantiated a vaccine reaction and that the time elapsed between vaccination and alleged onset made causation difficult to establish. The court found that petitioner failed to provide a medical opinion substantiating a vaccine injury and did not prove a prima facie case of causation in fact. Consequently, the Special Master denied the petitioner's motion for an amendment of the schedule and dismissed the case. The decision was issued on May 23, 2017.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Laura D. Millman","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"F. John Caldwell, Jr.","petitioner_attorney_firm":"F. John Caldwell, P.A.","petitioner_attorney_location":"Sarasota, FL","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|john-caldwell|","firm_canonical_key":"f-john-caldwell","package_title":"KINZIE v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01293","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01293.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01293.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_16-vv-01293-0","title":"KINZIE v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 05/23/2017) regarding 13 DECISION of Special Master Signed by Special Master Laura D Millman. (tlf) Copy to parties.","date_issued":"2017-06-20","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-01293/granules/USCOURTS-cofc-1_16-vv-01293-0/pdf","pdf_bytes":200877,"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-01293/USCOURTS-cofc-1_16-vv-01293-0"},{"granule_id":"USCOURTS-cofc-1_16-vv-01293-1","title":"KINZIE v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 01/25/2018) regarding 20 DECISION of Special Master - Fees Signed by Special Master Laura D Millman. (tlf) Service on parties made.","date_issued":"2018-02-20","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}