Don Lewis v. HHS - other (2017)
Case summary [AI summaries can sometimes make mistakes]
Don Lewis filed a petition for vaccine compensation on October 25, 2016, alleging injury from a vaccine listed in the Vaccine Injury Table. The record did not contain sufficient evidence to establish entitlement to an award.
Specifically, there was no evidence of a 'Table Injury,' nor was there a medical expert's opinion or other persuasive evidence indicating that Mr. Lewis's injury was vaccine-caused.
On July 19, 2017, Mr. Lewis moved for a decision dismissing his petition, acknowledging his inability to prove entitlement.
The court dismissed the case for insufficient proof of causation. The specific vaccine, alleged injury, and date of vaccination were not detailed in this decision.
Special Master George L. Hastings issued the decision.
The public decision does not describe the petitioner's counsel, respondent's counsel, the specific vaccine, the date of vaccination, the alleged injury, the onset of symptoms, medical records, diagnostic tests, treatments, or any named medical experts.
Theory of causation
Petitioner Don Lewis filed a petition on October 25, 2016, alleging injury from a vaccine listed in the Vaccine Injury Table. The public decision does not specify the vaccine, date of vaccination, or the alleged injury. Petitioner moved for dismissal on July 19, 2017, acknowledging an inability to prove entitlement. To receive compensation, Petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record lacked evidence of a "Table Injury" and did not contain a medical expert's opinion or other persuasive evidence of vaccine causation. The decision does not detail the mechanism of injury, expert opinions, or specific medical evidence. Special Master George L. Hastings dismissed the case for insufficient proof of causation. The public decision does not provide an award amount or annuity terms.
Source PDFs
USCOURTS-cofc-1_16-vv-01394