Eric P. Kaplan v. HHS - Influenza, transverse myelitis (2022)
Case summary [AI summaries can sometimes make mistakes]
On February 14, 2018, Dr. Eric Kaplan filed a petition under the National Vaccine Injury Compensation Program, alleging that he suffered transverse myelitis (TM) as a result of an influenza vaccine received on October 5, 2015.
The petition was filed by attorney Sylvia Chin-Caplan. The respondent was the Secretary of Health and Human Services, represented by attorney Kyle Pozza.
A Ruling on Onset, issued on April 28, 2022, found that Dr. Kaplan experienced progressive left leg symptoms that began prior to his October 5, 2015 flu vaccination.
His symptoms became more pronounced shortly before a March 28, 2016 appointment with Dr. Moray, and his condition rapidly declined thereafter, leading to drop foot by April 28, 2016.
He required an ankle-foot orthosis (AFO) by the end of May 2016 and a stimulator in September 2016. Following the Ruling on Onset, on May 16, 2022, Dr.
Kaplan filed a Motion for Dismissal Decision. Special Master Mindy Michaels Roth presided over the case.
To be eligible for compensation, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the Special Master found that the record lacked persuasive evidence indicating that Dr.
Kaplan's transverse myelitis was vaccine-caused or vaccine-related. The decision noted that under the Act, a petition cannot be awarded based solely on the petitioner's claims; it must be supported by medical records or the opinion of a competent physician.
In this instance, the medical records were insufficient, and Dr. Kaplan offered no medical opinion supporting a finding of entitlement.
Consequently, Special Master Roth concluded that Dr. Kaplan failed to demonstrate either a "Table Injury" or that his injuries were "actually caused" by the vaccination.
The case was dismissed for insufficient proof, and judgment was to be entered accordingly. The decision was issued on August 4, 2022, and filed on August 29, 2022.
Theory of causation
Petitioner Eric P. Kaplan alleged that he suffered transverse myelitis (TM) as a result of an influenza vaccine received on October 5, 2015. The Special Master's decision, issued by Mindy Michaels Roth, found that petitioner's symptoms began prior to the vaccination and became more pronounced afterward, leading to a rapid decline in his condition. To receive compensation, petitioner was required to prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury." The Special Master found insufficient medical records and no competent medical opinion supporting entitlement, concluding that there was no persuasive evidence that the TM was vaccine-caused. The case was dismissed for insufficient proof. Petitioner was represented by Sylvia Chin-Caplan, and the respondent was represented by Kyle Pozza. The decision date was August 4, 2022, and the case was filed on August 29, 2022.
Source PDFs
USCOURTS-cofc-1_18-vv-00231