Pyne v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-682V (Not to be published)

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* CHRISTINE PYNE, *

* Filed: May 22, 2014

Petitioner, *

* Petitioner’s Motion for a Decision v. * Dismissing the Petition; Insufficient Proof

* of Causation; Vaccine Act Entitlement; * Denial Without Hearing

SECRETARY OF HEALTH AND * HUMAN SERVICES , *

* Respondent. *

* ************************* Thomas P. Gallagher, Somers Point, NJ, for Petitioner Heather L. Pearlman, Washington, DC, for Respondent

DECISION 1

On September 16, 2013, Christine Pyne filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program 2 alleging that the Influenza vaccine she received on September 15, 2010; the Hepatitis B, and Tetanus, Diphtheria, and Acellular Pertussis (TDaP) vaccines she received on September 17, 2010; and the Measles Mumps and Rubella (MMR) vaccine she received on October 11, 2010, all caused her to suffer or, in the alternative, significantly aggravated various injuries, including inability to breathe, Raynaud’s Disease, swollen lymph nodes, neuropathy in her hands and feet, and a suspected auto immune disorder. See Petition at 1 (ECF Docket No. 1) and Amended Petition at 1 (ECF Docket No. 18).

After gathering her relevant medical records, Petitioner filed a motion on May 21, 2014 seeking a decision dismissing her petition, indicating that an investigation of the facts and science supporting her claim had demonstrated that she would be unable to prove her entitlement to compensation in the Vaccine Program.

To receive compensation under the Program, Ms. Pyne must prove either 1) that she suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of her vaccinations, or 2) that she suffered an injury that was actually caused by a vaccine. See §§13(a)(1)(A) and 11(c)(1). An examination of the record, however, did not uncover any evidence that Ms. Pyne suffered a “Table Injury.” Further, the record does not contain a medical expert’s opinion or any other persuasive evidence indicating that Ms. Pyne’s alleged injuries were vaccine-caused.

Under the Vaccine Act, a petitioner may not be given a Program award based solely on the petitioner’s claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. §13(a)(1). In this case, there is insufficient evidence in the record for Ms. Pyne to meet her burden of proof. Petitioner’s claim therefore cannot succeed and must be dismissed. §11(c)(1)(A).

Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.