Julia Wells v. HHS - Influenza, hearing loss (2019)
Case summary [AI summaries can sometimes make mistakes]
Julia Wells filed a petition on March 12, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered hearing loss as a result of an influenza vaccine received on September 27, 2017.
To be eligible for compensation, Ms. Wells was required to demonstrate either that her condition was a "Table Injury" listed in the Vaccine Injury Table corresponding to the vaccination, or that the vaccine actually caused her injury.
The public decision states that an examination of the record did not reveal any evidence of a "Table Injury." Furthermore, the record did not contain persuasive evidence that the influenza vaccine caused Ms. Wells' alleged hearing loss.
The decision noted that under the Act, claims must be supported by medical records or the opinion of a competent physician, and that awards cannot be based solely on the petitioner's claims. In this case, the medical records were deemed insufficient to prove the claim, and Ms.
Wells had not filed a supportive expert opinion. On July 31, 2019, Ms.
Wells filed a motion to voluntarily dismiss her petition, stating that the decision was based on independent factors outside of the respondent's position and her own knowledge after discussing the case with counsel. The Special Master, Herbrina Sanders, issued a decision on August 20, 2019, dismissing the case for insufficient proof.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Julia Wells alleged that an influenza vaccine received on September 27, 2017, caused her hearing loss. The case was dismissed for insufficient proof. Petitioner was required to prove either a Table Injury or that the vaccine actually caused her injury, supported by medical records or expert opinion. The record did not contain evidence of a Table Injury, nor persuasive evidence that the flu vaccine caused the alleged hearing loss. Medical records were insufficient, and no supportive expert opinion was filed. Petitioner voluntarily moved to dismiss her petition on July 31, 2019, stating the decision was based on independent factors and her own knowledge after discussing the case with counsel. Special Master Herbrina Sanders dismissed the case on August 20, 2019. The public decision does not specify the mechanism of injury or name any experts.
Source PDFs
USCOURTS-cofc-1_18-vv-00381