In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-1044V 

Filed: January 19, 2016 

Not to be Published 

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RICHARD FLORIDA, * 

 * 

Petitioner, * Petitioner’s motion for dismissal

 * granted; influenza vaccine; 

 v. * encephalitis; sequelae not lasting

 * more than six months 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

* 

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Amy J. Coco, Pittsburgh, PA, for petitioner. 

Debra A. Filteau Begley, Washington, DC, for respondent. 

MILLMAN, Special Master

DECISION1

On October 27, 2014, petitioner filed a petition under the National Childhood Vaccine 

Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that influenza vaccine administered 

October 2, 2012 caused him encephalitis seven days later. See Pet. at 1. 

 However, petitioner’s medical records do not substantiate that his complaints of left hand 

weakness and twitching are causally related to his 2012 encephalitis or his flu vaccination. Med. 

recs. Ex. 3, at 20, 27. From the first telephonic status conference, held January 13, 2015, through 

the three remaining status conferences, the issue has always been whether or not petitioner could 

1 Because this decision contains a reasoned explanation for the special master’s action in this case, the 

special master intends to post this decision on the United States Court of Federal Claims’ website, in 

accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the 

public unless they contain trade secrets or commercial or financial information that is privileged and 

confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted 

invasion of privacy. When such a decision is filed, petitioners have 14 days to identify and move to 

redact such information prior to the document’s disclosure. If the special master, upon review, agrees that 

the identified material fits within the categories listed above, the special master shall redact such material 

from public access. 

 
prove more than six months of sequelae, as the Vaccine Act requires. 42 U.S.C. § 300aa11(c)(1)(D)(i) (2012).

 On January 19, 2016, petitioner filed a Motion for Dismissal, stating that “he will be 

unable to prove that he is entitled to compensation in the Vaccine Program.” Mot. for Dismissal, 

¶ 1. He also states that “to proceed further would be unreasonable and would waste the resources 

of the Court, the respondent, and the Vaccine Program.” Id. at ¶ 2. The undersigned grants 

petitioner’s motion and dismisses this case.

FACTS

Petitioner was born on October 30, 1947. 

He received influenza vaccine on October 2, 2012. Med. recs. Ex. 3, at 56. He 

subsequently experienced encephalitis, but reported to Dr. Erek M. Lam that he had returned to 

baseline by October 13, 2012. Med. recs. Ex. 5, at 129. 

Doctors subsequently stated that there was no objective evidence that petitioner’s left 

hand weakness and twitching were due to his encephalitis (med. recs. Ex. 3, at 20) and no causal 

evidence that his symptoms were related to the influenza vaccination (Id. at 27). 

DISCUSSION

Under the Vaccine Act, 42 U.S.C. § 300aa-11(c)(1)(D)(i), petitioner must prove that his 

vaccine injury or its sequelae lasted more than six months. Petitioner failed to prove that and 

now moves for dismissal of his petition. 

The undersigned GRANTS petitioner’s motion to dismiss and DISMISSES this case for

petitioner’s failure to make a prima facie case under the Vaccine Act. 

CONCLUSION

This petition is DISMISSED. In the absence of a motion for review filed pursuant to 

RCFC, Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: January 19, 2016 s/ Laura D. Millman

 Laura D. Millman

 Special Master

2 Pursuant to Vaccine Rule 11(b), entry of judgment can be expedited by each party, either jointly or separately, 

filing a notice renouncing the right to seek review.

2