Houston Byrd, Jr. v. HHS - Influenza, headaches, stomachaches, elevated blood sugar levels, and weight loss (2019)
Case summary [AI summaries can sometimes make mistakes]
Houston Byrd, Jr. filed a petition on November 29, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from headaches, stomachaches, elevated blood sugar levels, and weight loss after receiving influenza and Pneumovax vaccinations on October 1, 2015.
Mr. Byrd, who represented himself pro se, was ordered by Chief Special Master Nora Beth Dorsey to submit complete medical records, including records from three years prior to vaccination and any doctor visits since.
He filed some medical records from 2014 to early 2016 but failed to provide documentation of his current symptoms. The respondent was the Secretary of Health and Human Services.
The public decision does not describe the respondent's position in detail, nor does it name petitioner counsel or respondent counsel beyond identifying the Department of Justice for the respondent. The Special Master noted that the Pneumovax vaccine is not covered by the Vaccine Act, and therefore any claim based on it must be dismissed.
Because Mr. Byrd failed to prosecute his claim by not providing the necessary documentation, his petition was dismissed.
The decision was reissued for publication on January 2, 2019. A subsequent order on February 22, 2019, by Senior Judge Charles F.
Lettow addressed motions for review and to strike, but the outcome of that review is not detailed in the provided text.
Theory of causation
Petitioner Houston Byrd, Jr. alleged that he suffered from headaches, stomachaches, elevated blood sugar levels, and weight loss after receiving influenza and Pneumovax vaccinations on October 1, 2015. The petition was filed on November 29, 2017. The public text does not specify the petitioner's age at vaccination, the specific type of influenza vaccine, or any details regarding the onset, symptoms, medical tests, or treatments. The theory of causation is unclear as the petitioner failed to provide sufficient medical records to support his claim, including documentation of current symptoms. The Special Master noted that the Pneumovax vaccine is not covered by the Vaccine Act, necessitating dismissal of any claim based on it. The petition was dismissed for failure to prosecute due to insufficient documentation. The decision was issued by Chief Special Master Nora Beth Dorsey on January 2, 2019. No medical experts were named in the provided text. The award amount is $0 as the petition was dismissed.
Source PDFs
USCOURTS-cofc-1_17-vv-00900