United States Court of Federal Claims

No. 15-200V

(Filed Under Seal: March 19, 2018)

Reissued: April 6, 20181

MARIO CARUSO,

Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

Respondent.

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Vaccine Case; Motion for Review; 

Influenza Vaccine; Althen; Burden of 

Proof

OPINION

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Darryl R. Wishard, Vaccine/Torts Branch, Civil Division, United States Department of Justice, 

Washington, DC, for respondent.

SMITH, Senior Judge:

Petitioner, Mario Caruso, seeks review of a decision issued by Special Master Brian H. 

Corcoran denying his petition for vaccine injury compensation. Petitioner brought this action 

pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. 

(2012), alleging that petitioner developed acute disseminated encephalomyelitis (“ADEM”) as a 

result of the trivalent influenza vaccine he received on October 16, 2012. The Special Master

denied compensation, finding that petitioner had not met his burden of proof. Caruso v. Sec’y of 

Health & Human Servs., 2017 WL 5381154 (Fed. Cl. Spec. Mstr. Oct. 18, 2017) (Caruso). 

Petitioner now moves for review of this decision. For the reasons that follow, the Court 

DENIES his motion.

 

1 An unredacted version of this opinion was issued under seal on March 19, 2018. The 

parties were given an opportunity to propose redactions, but no such proposals were made.
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I. BACKGROUND

A brief recitation of the facts provides necessary context.2

Mr. Caruso received the flu vaccine on October 16, 2012, when he was 64-years-old. 

Prior to receiving the vaccine, his medical history included prostate enlargement, 

hypolipoproteinemia,3varicose veins of the lower extremity with an ulcer, and sclerosis of the 

skin.4 Subsequent to receiving the vaccine, Mr. Caruso’s medical evidence did not indicate any 

immediate reaction to the vaccine for the 10 weeks following vaccination. On October 23, 2012, 

Mr. Caruso visited a physician at the Peachwood Medical Group (“PMG”) to have his lipid 

levels checked, at which point he did not report any neurological issues or other symptoms.

At trial, Mr. Caruso’s wife, Sylvia Caruso, testified that she noticed changes in Mr. 

Caruso’s behavior around November 2012. Specifically, she stated that he struggled to move 

large items and began having difficulty with his vision during that period. She then testified that 

things progressively worsened and that petitioner started walking in an unstable way around the 

end of December 2012. 

In late January of 2013, Mr. Caruso began seeking medical attention after he experienced 

a more acute incident, wherein he was shopping and his feet suddenly started to drag and he 

displayed an uneven gait like a “drunken sailor.” On January 28, 2013, petitioner had an 

appointment with his nurse practitioner at PMG, at which he stated that he had been sporadically 

“walking funny,” falling asleep in the evenings, and felt off balance, but denied paresthesia.5 

These medical records did not indicate that Mr. Caruso had been experiencing any symptoms 

prior to December 2012. Additionally, he denied experiencing blurred vision, double vision, 

photophobia,6headaches, and weakness. His exam results were deemed normal, but the nurse 

practitioner indicated that Mr. Caruso seemed “to slightly drag right tow [sic]. No specific 

abnormality but gait does not seem totally normal.” Petitioner was diagnosed with dizziness and 

 

2 As the basic facts here have not changed significantly, the Court’s recitation of the 

background facts here draws from the Special Master’s earlier opinion in Caruso.

3 Hypolipoproteinemia is “the presence of abnormally low levels of lipoproteins in the 

serum, as in hypobetalipoproteinemia and Tangier disease.” Dorland’s Illustrated Medical 

Dictionary 903 (32nd ed. 2012) (“Dorland’s”).

4 A varicose vein is “a dilated tortuous vein, usually in the subcutaneous tissues of the leg, 

often associated with incompetency of the venous valves.” Dorland’s at 2036. A varicose ulcer 

is “an ulcer on the leg due to varicose veins, such as a stasis ulcer.” Id. at 1998. Sclerosis of the 

skin is “an induration or hardening, such as hardening of a part from inflammation, increased 

formation of connective tissue, or disease of the interstitial substance.” Id. at 1680.

5 Paresthesia is “an abnormal touch sensation, such as burning, prickling, or formication, 

often in the absence of an external stimulus.” Dorland’s at 1383.

6 Photophobia is “abnormal visual intolerance of light.” Dorland’s at 1441.
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a gait disorder, and diagnostic tests were ordered. A CT scan from February 1, 2013 found no 

significant abnormalities, and the results were deemed “unremarkable.”

Mr. Caruso was again seen at PMG on February 8, 2013, complaining of dizziness, 

diplopia,7and gait difficulty. He was referred to a neurologist. On February 11, 2013, petitioner 

met with Dr. Loveneet Singh, at which point he complained of fatigue, vision changes, and gait 

problems. During the visit he displayed impaired coordination and diplopia, an inability to 

perform rapid alternating movements, a slow gait, and a need for support when walking. Dr. 

Singh opined that Mr. Caruso demonstrated evidence of upper motor neuron dysfunction, 

including cerebellar signs and gait ataxia.8 Brain and cervical spine MRIs performed on March 

2, 2013, showed multifocal signal abnormalities in the midbrain, brainstem, brachium pontis, 

cerebellum, and spinal cord. Some of the lesions enhanced,9and some cerebral volume loss was 

noted. The MRIs also showed both enhancing and non-enhancing signal abnormalities. There 

also appeared to be evidence of active inflammation on petitioner’s spine, which suggested 

“active demyelinated plaques with breakdown of the blood brain barrier.”

Mr. Caruso again met with Dr. Singh on March 11, 2013, at which point ADEM10 and 

multiple sclerosis11 (“MS”) were included in his differential diagnosis. Dr. Singh ordered more 

testing, including lab work of petitioner’s glucose and protein levels, a cell count, and an MS 

panel. The results of the testing were relatively normal, with no evidence of oligoclonal bands12

and a negative MS panel.

 

7 Diplopia is “the perception of two images of a single object . . . .” Dorland’s at 525.

8 Ataxia is the “failure of muscular coordination; irregularity of muscular action.” Dorland’s

at 170.

9 A lesion is “any pathological or traumatic discontinuity of tissue or loss of function of a 

part. Dorland’s at 1025.

10 Acute disseminated encephalomyelitis (“ADEM”) is “an acute or subacute 

encephalomyelitis or myelitis characterized by perivascular lymphocyte and mononuclear cell 

infiltration and demyelination; it occurs most often after an acute viral infection, especially 

measles, but may occur without a recognizable antecedent. It is believed to be a manifestation of 

an autoimmune attack on the myelin of the central nervous system. Symptoms include fever, 

headache, and vomiting; sometimes tremor, seizures, and paralysis; and lethargy progressing to 

coma that can be fatal. Many survivors have residual neurologic deficits.” Dorland’s at 613.

11 Multiple sclerosis is “a disease in which there are foci of demyelination throughout the 

white matter of the central nervous system, sometimes extending into the gray matter; symptoms 

usually include weakness, incoordination, paresthesias, speech disturbances, and visual 

complaints. The course of the disease is usually prolonged, so that the term multiple also refers to 

remissions and relapses that occur over a period of many years.” Dorland’s at 1680. 

12 Oligoclonal means “pertaining to or derived from a few clones.” Dorland’s at 1317.
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Additionally on March 11, 2013, petitioner visited Dr. Gary Walters, an ophthalmologist, 

at Eye Medical Center in Fresno, California. Dr. Walters noted in his records that petitioner’s 

sudden onset of double vision and walking difficulties were reported to have begun two months 

prior, in January 2013. At this appointment, Mr. Caruso showed decreased vision (right eye 

20/200; left eye 20/70), but those symptoms showed improvement throughout 2013.

Petitioner again visited Dr. Singh in July 2013, at which point the ADEM diagnosis was 

confirmed, but nothing in the medical records indicated that the flu vaccine played a part in its 

development. After a year of ongoing symptoms with no signs of progression in severity or 

evidence of additional developing lesions, Mr. Caruso sought a second neurological opinion. He 

saw Dr. Leslie Dorfman at the Stanford Hospital in Redwood City, California on June 23, 2014. 

Dr. Dorfman reviewed petitioner’s MRIs and agreed that they were not indicative of MS. Dr. 

Dorfman also opined that ADEM was an “acceptable working diagnosis,” but that he ultimately 

felt the true diagnosis for petitioner’s symptoms remained unidentified.

Petitioner returned to Dr. Dorfman on July 25, 2014, at which point Dr. Dorfman noted 

that recent testing produced negative or normal results. Dr. Dorfman then opined that Mr. 

Caruso was likely suffering from an “atypical form” of ADEM, offering no signs as to its 

etiology, and he recommended that petitioner undergo steroid treatment, followed by IVIG13 if 

the steroids proved ineffective. By August, petitioner reported improvement from the steroid 

treatment, and Dr. Dorfman proposed its continuation. 

Additional medical records indicate that Mr. Caruso has continued to experience 

sequelae14 from his 2012-13 symptoms. Some records suggest a relationship between the flu 

vaccine and petitioner’s symptoms, but those records memorialize representations made by 

petitioner, rather than provide contemporaneous information provided to treaters when Mr. 

Caruso began seeking treatment in January 2013. MRIs from April 2015 confirm that no 

additional lesions have appeared since 2013, further corroborating the accuracy of the ADEM 

diagnosis.

 

13 Intravenous immunoglobulin (“IVIG”) is a blood product used to treat patients with 

antibody deficiencies, including neurological disorders. Decision, at 6 (citing Clinical Uses of 

Intravenous Immunoglobulin, NCBI (2005), 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1809480/ (last visited on Aug. 28, 2017)). 

It is commonly prescribed to treat diseases believed to be autoimmune in nature, increasing the 

effectiveness of an individual’s immune response. Id.

14 Sequelae are “any lesion[s] or affection[s] following or caused by an attack of disease.” 

Dorland’s at 1696. 
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On November 24, 2015, petitioner filed the expert report of Dr. Carlo Tornatore.15 On 

June 16, 2016, respondent filed the expert report of Dr. Thomas Leist.16 An entitlement hearing 

was held on April 21, 2017, and Special Master Corcoran denied petitioner’s claim on October 

18, 2017, finding that there was insufficient evidence to support an award of compensation. 

Decision of the Special Master (hereinafter “Dec.”) at 22. Petitioner filed his Motion for Review

(hereinafter “MFR”) on November 17, 2017. Respondent filed its Response to petitioner’s 

Motion for Review (hereinafter “Resp. to MFR”) on December 18, 2017. Petitioner’s Motion is 

fully briefed and ripe for review.

II. STANDARD OF REVIEW

Under the Vaccine Act, this Court may review a special master’s decision upon the

timely request of either party. See 42 U.S.C. § 300aa-12(e)(1)-(2). In that instance, the Court 

may: “(A) uphold the findings of fact and conclusions of law. . . , (B) set aside any findings of 

fact or conclusion of law. . . found to be arbitrary, capricious, an abuse of discretion, or 

otherwise not in accordance with law. . . , or, (C) remand the petition to the Special Master for 

further action in accordance with the court’s direction.” Id. at § 300aa-12(e)(2)(A)-(C). 

Findings of fact and discretionary rulings are reviewed under an “arbitrary and capricious” 

standard, while legal conclusions are reviewed de novo. Munn v. Sec’y of Health & Human 

Servs., 970 F.2d 863, 870 n.10 (Fed. Cir. 1992).

This Court cannot “substitute its judgment for that of the special master merely because it 

might have reached a different conclusion.” Snyder ex rel. Snyder v. Sec’y of Dep’t of Health & 

 

15 Dr. Tornatore is a board-certified neurologist. See Ex. 27, dated Nov. 24, 2015 (“Tornatore 

CV”). He graduated from Cornell University with a Bachelor of Arts in Neurobiology, and then 

attended Georgetown University Medical center where he received a Master of Science in 

Physiology. See Tornatore CV at 2; Tr. at 98. He subsequently graduated from medical school at 

Georgetown University School of Medicine, completed a residency in the Department of 

Neurology at Georgetown University Hospital, and completed a fellowship in molecular virology 

at the National Institutes of Health in Bethesda, Maryland. See id. Currently, he serves as Vice 

Chairman in the Department of Neurology at MedStar Georgetown University Hospital and as a 

Professor of Neurology at Georgetown University Medical Center. See Tornatore CV at 3; Tr. at 

98-99. 

16 Dr. Leist attended the University of Zurich, where he obtained his Ph.D. in immunology 

and biochemistry as well as a post-doctorate degree in experimental pathologies. See Tr. at 188-

89; see also Ex. B (“Leist CV”). He also completed a post-doctorate at the University of 

California, Los Angeles and attended medical school at the University of Miami. See id. He then 

completed a residency in neurology at Cornell University before becoming a fellow at the National 

Institutes of Health. See Tr. at 189. Dr. Leist is board certified in neurology and currently serves 

as a professor of neurology at Thomas Jefferson University in Philadelphia, Pennsylvania as well 

as directing the MS center and guiding the MS or the neuro-immunology fellowship program. See 

id.
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Human Servs., 88 Fed. Cl. 706, 718 (2009). “Reversal is appropriate only when the special 

master’s decision is arbitrary, capricious, an abuse of discretion, or not in accordance with the 

law.” Id. Under this standard, a special master’s decision “must articulate a rational connection 

between the facts found and the choice made.” Cucuras v. Sec’y of Dep’t of Health & Human 

Servs., 26 Cl. Ct. 537, 541–42 (1992), aff’d, 993 F.2d 1525 (Fed. Cir. 1993) (citing Burlington 

Truck Lines, Inc. v. United States, 371 U.S. 156, 168 (1962)). This standard is “highly 

deferential.” Hines v. Sec’y of Dep’t of Health & Human Servs., 940 F.2d 1518, 1528 (Fed. Cir. 

1991). “If the special master has considered the relevant evidence of record, drawn plausible 

inferences and articulated a rational basis for the decision, reversible error will be extremely 

difficult to demonstrate.” Id.

III. DISCUSSION

Althen v. Secretary of Health & Human Services provides the evidentiary burden for 

petitioners attempting to succeed in a vaccine petition based on causation. See generally Althen 

v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005). In order to prove causationin-fact, a petitioner must

show by preponderant evidence that the vaccination brought about [petitioner’s] 

injury by providing: (1) a medical theory causally connecting the vaccination and 

the injury; (2) a logical sequence of cause and effect showing that the vaccination 

was the reason for the injury; and (3) a showing of a proximate temporal 

relationship between vaccination and injury. 

Id. at 1278. In order to succeed, petitioners must provide a “reputable medical or scientific 

explanation” for their claim. Id.

Within this framework, petitioner makes two numbered objections to the October 18, 

2017 decision. See MFR at 10, 26. First, petitioner asserts that the Special Master’s decision to 

discount the fact testimony in its entirety was arbitrary, capricious, and an abuse of discretion. 

Id. at 10. Second, petitioner argues that the Special Master committed error in his Althen prong 

two analysis by failing to consider relevant evidence and requiring evidence that does not exist. 

Id. at 26.

A. Fact Testimony 

In his Motion for Review, petitioner alleges that the Special Master’s decision to discount 

the fact testimony in its entirety was arbitrary, capricious, and an abuse of discretion. MFR at 

10. In making this argument, petitioner posits that the Special Master failed to address the La 

Londe factors. MFR at 16. Petitioner further argues that the Special Master “did not clearly 

explain his basis for affording no weight to [the] credible [fact witness] testimony.” Id. at 18. 

At the outset, the Special Master is not bound to follow the analytical framework 

articulated by this Court in La Londe. A decision of this Court only binds a special master in the 
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same case on remand. Hanlon ex rel. Hanlon v. Sec’y of Dep’t of Health & Human Servs., 40 

Fed. Cl. 625, 630 (1998), aff’d, 191 F.3d 1344 (Fed.Cir.1999)); Jones v. Sec’y of Dep’t of Health 

& Human Servs., 78 Fed. Cl. 403 (2007); Snyder ex rel. Snyder, 88 Fed. Cl. at 719, n.23.

Further, petitioner is incorrect in asserting that Special Master Corcoran failed to discuss 

the La Londe factors. The Special Master specifically cited to La Londe, stating the following:

In determining the accuracy and completeness of medical records, the Court of 

Federal Claims has listed four possible explanations for inconsistencies between 

contemporaneously created medical records and later testimony: (1) a person’s 

failure to recount to the medical professional everything that happened during the 

relevant time period; (2) the medical professional’s failure to document everything 

reported to her or him; (3) a person’s faulty recollection of the events when 

presenting testimony; or (4) a person’s purposeful recounting of symptoms that did 

not exist.

Dec. at 15; La Londe v. Sec’y of Health & Human Servs., 110 Fed. Cl. 184, 203-04 (2013), aff’d, 

746 F.3d 1334 (Fed. Cir. 2014). The Special Master then goes on to state that “[i]n making a 

determination regarding whether to afford greater weight to contemporaneous medical records or 

other evidence, such as testimony at hearing, there must be evidence that this decision was the 

result of a rational determination.” Dec. at 15 (citing Burns v. Sec’y of Health & Human Servs., 

3 F.3d 415, 417 (Fed. Cir. 1993)). 

Special Master Corcoran ultimately determined that, while the fact witnesses were 

credible individuals, “the instances they described are too anecdotal and inconclusive to deem 

significant (especially without any additional corroborative proof),” particularly where “their 

oral recollections are compared with Petitioner’s more precisely-documented, medically-tested 

symptoms referenced in the January and February 2013 medical records.” Dec. at 18. The 

Special Master expanded on this by stating that the fact witness testimony “was not sufficiently 

corroborated by other circumstantial evidence to elevate it over contemporaneous record proof 

that clearly establishes a later onset date.” Id. However, he did determine that there exists an 

overlap between the contentions of the fact witnesses and the information in the medial records 

in December 2012, thereby determining that the “ADEM-related symptoms began no earlier than 

late December 2012. . . , as confirmed by witness testimony and corroborated by medical records 

from around the time Petitioner first sought treatment for his gait problems in January 2013.” Id.

Petitioner specifically points to a journal entry dated March 9, 2013, in which petitioner’s 

wife states that Mr. Caruso began having neurological symptoms in November 2012. MFR at 

21-22. Petitioner takes issue with the fact that the Special Master did not afford this journal 

entry more weight than he afforded to the contemporaneous medical records, which support a 

late-December or early-January onset. MFR at 22; Dec. at 18, n.18. While petitioner might 

prefer more weight be afforded to Mrs. Caruso’s March 9, 2013 journal entry, the Special Master

clearly evaluated its relevance in establishing an onset period. 
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Determining what weight should be afforded to the testimony of a fact witness, expert 

witness, or medical records is a finding well within the discretion of the Special Master, and this 

Court will not endeavor to infringe upon that well-established discretion.

B. Althen Prong Two

In addition to arguing that the Special Master’s treatment of the fact testimony was 

arbitrary, capricious, and an abuse of discretion, petitioner also asserts that the Special Master

erred as a matter of law by failing to consider relevant evidence and requiring evidence that does 

not exist in his analysis of Althen prong two. Specifically, petitioner alleges that the Special 

Master “failed to consider relevant evidence in determining whether the petitioner met his 

burden of establishing a logical sequence of cause and effect between the vaccination and the 

injury,” and that “in doing so the Special Master’s conclusion amounted to his own speculation 

and, thus, was arbitrary, capricious, and an abuse of discretion.” MFR at 26-27. Petitioner also 

asserts that, contrary to law, the Special Master “elevated petitioner’s burden of proof by 

requiring medical literature specifically describing [Mr. Caruso’s] clinical picture—and not 

ADEM generally—occurring as a result of vaccination.” Id. at 27.

As an initial matter, Althen prong two requires “a logical sequence of cause and effect 

showing that the vaccination was the reason for the injury.” Capizzano v. Sec’y of Health & 

Human Servs., 440 F.3d 1317, 1324 (Fed. Cir. 2006) (quoting Althen, 418 F.3d at 1278). “‘A 

logical sequence of cause and effect’ means what it sounds like—the claimant’s theory of cause 

and effect must be logical.” Id. at 1326. While a finding of causation “must be supported by a 

sound and reliable medical or scientific explanation,” causation “can be found in vaccine 

cases. . .without detailed medical and scientific exposition on the biological mechanisms.” 

Knudsen v. Sec’y of the Dep't of Health & Human Servs., 35 F.3d 543, 548-49 (Fed. Cir. 1994). 

However, petitioners must still provide a “reputable medical or scientific explanation” for their 

claim. Althen, 418 F.3d. at 1278. 

The Special Master acknowledged that “preponderant evidence better supports the 

ADEM diagnosis,” and that “there is ample record evidence supporting the diagnosis of ADEM 

over other central nervous system demyelinating diseases like MS (i.e. nature of lesions, lack of

oligoclonal bands), and the lack of recurrent or new lesions later further supports ADEM.” Dec. 

at 19. However, the Special Master also found that “the most reliable evidence concerning 

Petitioner’s diagnosis is not supportive of the causation theory he has (successfully) presented.”

Id. at 20 (emphasis in original). The Special Master expanded on this in the following way:

Mr. Caruso’s combination of symptoms, imaging evidence, and other test results 

led skilled treaters to adopt ADEM as the proper diagnosis, and I find sufficient 

preponderant evidence supports that conclusion (especially in light of Dr. 

Dorfman’s views expressed in the summer of 2014, which had the benefit of a more 

expansive record to review than what had been available to initial treaters). But 

because Petitioner’s symptoms were inconsistent with ADEM as it is most 

commonly understood, it becomes more difficult to simply assume that the same 
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vaccine association applicable to “normal” cases of the disease applies here. Indeed, 

the literature offered to explain a vaccine’s role in causing ADEM largely if not 

exclusively discusses the acute form of the disease, beginning within a month of 

infection or vaccination – not what the facts show Mr. Caruso experienced.

Id.; S. Tenembaum, et al., Acute Disseminated Encephalomyelitis: A Long Term Follow-Up 

Study of 84 Pediatric Patients, 59 Neurology 8: 1224-31, at 1224 (2002), filed as Ex. 26C (ECF 

No. 25-1); F. Noorbakhsh, et al., Acute Disseminated Encephalomyelitis: Clinical and 

Pathogenesis Features, 29 Neurologic Clinics 759-780, at 761 (2008), filed as Ex. 26B (ECF 

No. 25-1).

As the Special Master noted, “the symptoms of ADEM appear abruptly—that is, between 

one and two week[s] after the triggering event—in the overwhelming majority of cases.” Dec. at 

20 (citing Stillwell v. Sec’y of Health & Human Servs., No. 11-77V, 2013 WL 4540013, at *16 

(Fed. Cl. Spec. Mstr. June 17, 2013), mot. for review den’d, 118 Fed. Cl. 47 (2014)). The 

Special Master also noted that “[n]ot only was Petitioner outside the usual demographic group 

experiencing the disease (the very young), but his symptoms did not manifest acutely or 

suddenly, but instead unfolded more slowly and haltingly.” Id. Then, the Special Master

pointed out that even “had I accepted Petitioner’s allegation that onset of ADEM occurred in 

November (and thus closer in time to vaccination), the progression of his symptoms would 

appear even less like classic ADEM, since his medical history would then constitute a series of 

somewhat mild neurologic symptoms (some weakness, vision difficulty), later leading to more 

concerning gait dysfunction that slightly improved before progressively worsening a month 

later.” Finally, the Special Master concluded that “[p]etitioner has not demonstrated that reliable 

science linking vaccines like the flu vaccine to ADEM applies to his own circumstances, which 

present a more halting form of the condition.” Id. at 21.

Traditionally, “Special Masters have broad authority in building a record for decision in 

vaccine cases and enjoy ‘flexible and informal standards of admissibility of evidence.’” Hunt v. 

Sec’y of Health & Human Servs., 123 Fed. Cl. 509, 519 (2015) (citing Davis v. Sec'y of Health & 

Human Servs., 94 Fed. Cl. 53, 65 (2010), aff'd in part, rev'd on other grounds, 420 F. App’x. 973 

(Fed. Cir. 2011) (quoting 42 U.S.C. § 300aa–12(d)(2)(B))). Special Masters need not discuss

every scintilla of evidence when issuing a decision. As such, “[t]his Court will not substitute its 

judgment for that of the Special Master when the Special Master considered all of the pertinent 

evidence, including many of the particulars cited by Petitioner.” Vaughan on Behalf of A.H. v. 

United States, 107 Fed. Cl. 212, 220 (2012). While it is clear that petitioner takes issue with the 

way that the Special Master weighed the evidence presented to him, Special Master Corcoran 

clearly considered all of the pertinent evidence provided. This Court cannot reweigh the 

evidence at hand to arrive at a new conclusion without infringing upon the great deference 

afforded special masters in making compensation decisions.
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III. CONCLUSION 

This Court finds that petitioner has not met his burden of proof in alleging that his 

October 16, 2012 influenza vaccine resulted in his acute disseminated encephalomyelitis. For 

the foregoing reasons, the Court DENIES petitioner’s Motion for Review.17

IT IS SO ORDERED.

s/ Loren A. Smith

Loren A. Smith,

Senior Judge

 

17

 This opinion shall be unsealed, as issued, after April 2, 2018 unless the parties, pursuant to 

Vaccine Rule 18(b), identify protected and/or privileged materials subject to redaction prior to that 

date. Said materials shall be identified with specificity, both in terms of the language to be redacted 

and the reasons therefor.