Lea v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-291V Filed: May 13, 2015

************************* UNPUBLISHED AMY LEA, as Personal Representative * of the Estate of MICHAEL LEA, *

* Special Master Hamilton-Fieldman Petitioner, *

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v. * Petitioner’s Motion for Dismissal

* Decision; Guillain-Barré Syndrome; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine. AND HUMAN SERVICES, *

*

Respondent. *

*

************************* Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.

Jennifer Reynaud, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On April 11, 2014, Amy Lea (“Petitioner”), as the Personal Representative of the Estate of Michael Lea, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that Michael Lea suffered from Guillain-Barré Syndrome (“GBS”) as a result of an influenza vaccine he received on October 28, 2011. Petition (“Pet”) at 1-2. The undersigned now finds that the information in the record does not show entitlement to an award under the Program.

On May 8, 2015, Petitioner filed an Unopposed Motion for a Decision Dismissing her Petition. Motion, ECF No. 27. According to the motion, “[a]n investigation of the facts and science supporting her case has demonstrated to [P]etitioner that they will be unable to prove that Petitioner is entitled to compensation in the Vaccine Program.” Motion at 1. Petitioner further states that she understands that dismissal decision will result in a judgment against her, and that such a judgment will end all of her rights in the Vaccine Program. Id.

To receive compensation under the Vaccine Act, Petitioner must prove either 1) that Michael Lea suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of his vaccinations, or 2) that he suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover any evidence that Michael Lea suffered a “Table Injury.” Further, the record does not contain a medical expert’s opinion or any other persuasive evidence indicating that his injuries were caused by a vaccination.

Under the Vaccine Act, a petitioner may not be awarded compensation 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. § 300aa-13(a)(1). In this case, because the medical records are insufficient to establish entitlement to compensation, a medical opinion must be offered in support. Petitioner, however, has offered no such opinion.

Therefore, the only alternative remains to DENY this petition. Thus, this case is dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

/s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master