Jonathan Ledee v. HHS - Influenza, acute inflammatory demyelinating polyneuropathy (2022)
Case summary [AI summaries can sometimes make mistakes]
Jonathan Ledee filed a petition for vaccine compensation on September 3, 2019, alleging that the influenza vaccine caused him to develop acute inflammatory demyelinating polyneuropathy. The case was filed by Virginia E.
Anello, Esq., of Douglas & London, P.C., for the petitioner, and Dorian Hurley, Esq., of the U.S. Department of Justice, represented the respondent, the Secretary of Health and Human Services.
Special Master Mindy Michaels Roth presided over the case. The public decision, issued on November 16, 2022, noted that the petitioner requested a dismissal decision on November 4, 2022.
To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the injury was actually caused by a vaccine. The record in this case did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that the petitioner's alleged injury was vaccine-caused or vaccine-related.
The Special Master noted that the petition must be supported by medical records or the opinion of a competent physician, neither of which was sufficiently provided to support a finding of entitlement. Consequently, Special Master Roth determined that the petitioner failed to demonstrate entitlement to an award.
The case was dismissed for insufficient proof, and no compensation was awarded. The decision was originally filed on November 16, 2022, and later posted on the Court of Federal Claims' website.
Theory of causation
Petitioner Jonathan Ledee alleged that the influenza vaccine caused acute inflammatory demyelinating polyneuropathy. The case was filed on September 3, 2019, and dismissed on November 16, 2022, by Special Master Mindy Michaels Roth. The claim was treated as an off-Table claim. The petitioner failed to provide sufficient medical records or a competent physician's opinion to demonstrate that the alleged injury was vaccine-caused or vaccine-related, and did not establish a "Table Injury." Petitioner requested a dismissal decision. Attorneys for the petitioner were Virginia E. Anello, Esq., and Douglas & London, P.C. Attorney for the respondent was Dorian Hurley, Esq. No award was granted due to insufficient proof.
Source PDFs
USCOURTS-cofc-1_19-vv-01342