Richard Chester v. HHS - Influenza, peripheral polyneuropathy (2019)

Richard Chester filed a petition on March 22, 2018, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that the influenza vaccine he received on October 18, 2016, caused him to develop peripheral polyneuropathy.

Mr. Chester submitted most of his medical records with the petition.

The respondent, the Secretary of Health and Human Services, filed a report contesting entitlement. Following extensions, the Special Master set a deadline for Mr.

Chester to file an expert report. However, on April 1, 2019, Mr.

Chester filed a motion to dismiss his petition. He stated that he was unable to prove entitlement to compensation, as he could not establish either a "Table Injury" (an injury listed on the Vaccine Injury Table) or that the vaccine actually caused his alleged injury.

He further indicated that the record lacked sufficient evidence, including a medical expert's opinion, to support his claim. The respondent did not oppose the motion to dismiss.

Special Master Brian H. Corcoran reviewed the record and found no evidence that Mr.

Chester suffered a Table injury. The Special Master also found no persuasive evidence, including a medical expert's opinion, indicating that the flu vaccine caused Mr.

Chester's alleged peripheral polyneuropathy. The Special Master noted that under the Vaccine Act, a petition must be supported by medical records or a competent medical expert's opinion, and that the record in this case contained insufficient evidence to meet the petitioner's burden of proof.

Consequently, the case was dismissed for insufficient proof. The Clerk was directed to enter judgment accordingly.

The decision was designated "not to be published" but was posted on the Court of Federal Claims' website, with parties having fourteen days to request redaction of confidential information.