Kinzie v. Secretary of Health and Human Services, 16-1293

Petitioner received an influenza vaccine on November 3, 2013 (military records also reflect a November 1, 2014 vaccination); he alleged phrenic nerve paralysis and/or Parsonage-Turner syndrome arising from vaccination.
First reported symptoms: right shoulder/neck pain in April 2014 after yard work; imaging first showed elevated right hemidiaphragm and findings consistent with right phrenic neuropathy in late 2014–2015.
Neurologic testing (nerve conduction/EMG) showed right phrenic neuropathy but no brachial plexopathy; pulmonology and sleep studies addressed dyspnea and sleep apnea.
The special master ordered petitioner to file an expert report to support causation; petitioner sought multiple extensions while attempting to obtain a supportive neurologist.
Petitioner ultimately informed the court he would not file an expert report and moved to amend the schedule to permit filing a dispositive motion or other pleading instead.
The special master denied the schedule amendment and dismissed the petition for failure to prove a prima facie case of causation in fact, noting absence of medical records or expert opinion linking the vaccine to the injury.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner can meet causation-in-fact without an expert opinion	Petitioner sought time to file a dispositive motion or other pleading after declining to file an expert report; implicitly argued remaining pleadings could suffice	Respondent maintained petitioner had no medical evidence or expert opinion linking vaccination to injury	Denied: petitioner failed to meet burden; dismissal appropriate where no expert/medical opinion supports vaccine causation
Whether to grant additional time to pursue expert support or alternative filings	Petitioner argued prior extensions and attempts to obtain neurologist justify further relief to file dispositive pleadings	Respondent opposed further delay given lack of evidentiary support and prior extensions	Denied: prior extensions given; petitioner notified court he would not file expert report, so further schedule amendment denied and case dismissed

Althen v. Sec’y of HHS, 418 F.3d 1274 (Fed. Cir. 2005) (establishes three-part test for causation-in-fact in Vaccine Program cases)
Grant v. Sec’y of HHS, 956 F.2d 1144 (Fed. Cir. 1992) (medical theory requires a logical sequence of cause and effect supported by reputable medical explanation)
Shyface v. Sec’y of HHS, 165 F.3d 1344 (Fed. Cir. 1999) (petitioner must show vaccine was a substantial factor in bringing about the injury)