Ronald Discher v. HHS - Influenza, polymyalgia rheumatica and rheumatoid arthritis (2019)
Case summary [AI summaries can sometimes make mistakes]
On June 1, 2018, Ronald Discher filed a petition for vaccine compensation alleging that an influenza vaccine caused him to develop polymyalgia rheumatica (PMR) and rheumatoid arthritis (RA). The public decision does not describe the specific date of vaccination or the petitioner's age at the time of vaccination.
The record did not contain sufficient evidence to establish entitlement to an award under the Program. Special Master Mindy Michaels Roth noted that to receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine.
The record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that the alleged injury was vaccine-caused or vaccine-related. The public decision states that the petition cannot be based solely on the petitioner's claims and must be supported by medical records or the opinion of a competent physician.
In this case, there were insufficient medical records, and the petitioner offered no medical opinion supporting a finding of entitlement. Consequently, Special Master Roth determined that the petitioner failed to demonstrate either a "Table Injury" or that the injuries were "actually caused" by a vaccination.
The case was dismissed for insufficient proof. The decision was issued on November 12, 2019.
Petitioner counsel was Ronald Homer, Esq., and respondent counsel was Lisa Watts, Esq. The decision was designated "unpublished" but posted on the Court of Federal Claims's website.
Theory of causation
Petitioner Ronald Discher alleged that an influenza vaccine caused polymyalgia rheumatica (PMR) and rheumatoid arthritis (RA). The petition was filed on June 1, 2018, and the decision was issued on November 12, 2019, by Special Master Mindy Michaels Roth. The case was dismissed for insufficient proof. The public decision does not specify the vaccine date, age at vaccination, or provide details on the onset of symptoms, medical records, specific diagnostic tests, treatments, or expert opinions. The Special Master found no evidence of a "Table Injury" and insufficient medical records or competent physician opinions to support the claim that the vaccine actually caused the alleged injuries. Therefore, the petitioner failed to meet the burden of proof under the National Vaccine Injury Compensation Program.
Source PDFs
USCOURTS-cofc-1_18-vv-00777