Defelice v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-860V Filed: October 16, 2015

* * * * * * * * * * * * * * ANTONIO DEFELICE, * UNPUBLISHED

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Petitioner, * Special Master Hamilton-Fieldman

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v. *

* Influenza (“Flu”) Vaccine; Bilateral Vision SECRETARY OF HEALTH * Loss; Ruling Regarding Timing of Onset. AND HUMAN SERVICES, *

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Respondent. *

* * * * * * * * * * * * * * Lawrence Joseph Disparti, Disparti Law Group, PA, Holiday, FL, for Petitioner.

Heather Lynn Pearlman, United States Department of Justice, Washington, DC, for Respondent.

RULING REGARDING FINDING OF FACT 1 On September 17, 2014, Antonio Defelice (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccination on October 1, 2012, he suffered from permanent bilateral vision loss.

During a status conference held on July 22, 2015, the undersigned observed that the parties’ experts disagree about the timing of onset of Petitioner’s vision loss, and determined that a date of onset should be established before the case proceeds to an assessment of causation. See Order, July 23, 2015, at 1. Among other things, the undersigned directed the parties to brief the onset issue. Id. at 1-2. Petitioner filed his onset brief on October 6, 2015; Respondent filed her onset brief on October 14, 2015. This case is now ripe for a factual finding regarding the timing of onset of Petitioner’s bilateral vision loss.

For the reasons set forth in Respondent’s October 14, 2015 brief, the undersigned now finds, by a preponderance of the evidence, that Petitioner’s symptoms first occurred no later than October 3, 2012.

The Special Master hereby enters this finding of fact. The Special Master makes no conclusion as to the significance of this in the context of Petitioner’s claim.

IT IS SO ORDERED. s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master