United States Court of Federal Claims, 2019

Byrd v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided January 2, 2019 · Nora Beth Dorsey

Opinion

REISSUED FOR PUBLICATION JAN 2 2019 OSM U.S. COURT OF FEDERAL CLAIMS Jfn tbe Wniteb $tates <ttourt of jfeberal <ttlaitns OFFICE OF SPECIAL MASTERS

Filed: November 29, 2018 * * * * * * * * * * * * * • •

HOUSTON BYRD, JR., * UNPUBLISHED *

Petitioner, * No. 17-900V *

V. * Chief Special Master Dorsey *

SECRETARY OF HEALTH * Influenza ("Flu") Vaccine; Failure to AND HUMAN SERVICES, * Prosecute; Insufficient Proof. *

Respondent. * * * * * * * * * * * * * * * * *

Houston Byrd, Jr., ewmark, OH, pro se.

Mallori B. Openchowski, US Department of Justice, Washington, DC, for respondent.

DECISION DISMISSING PETITION 1

On July 3, 2017, Houston Byrd, Jr. ("petitioner") filed a petition for compensation under the ationaJ Vaccine Injury Compensation Program ("the Program"). Petitioner alleged that he suffered from headaches, stomachaches, elevated blood sugar levels, and weight loss after receiving influenza ("flu'") and Pneumovax 2 vaccinations on October I, 2015. Petition at 1-2. Petitioner has not been represented by counsel at any point during these proceedings.

Petitioner was ordered to file his complete medical records, including medical records from three years prior to the vaccination as well as any doctor visits since the vaccination, by October 2, 2017. Order dated Aug. 4, 2017 (ECF No. 11). Although he filed some medical records from 2014 to early 2016, he did not submit any documentation of his current symptoms.

1 The undersigned intends to post this Decision on the United States Court of Federal Claims' website. This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule I8(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished Decision contains a reasoned explanation for the action in this case, the undersigried is required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 350 I note (2012) (Federal Management and Promotion of Electronic Government Services). 2 As respondent has noted, because the Pneumovax vaccine is not covered by the Vaccine Act, any claim based on this vaccine must be dismissed. See 42 U.S.C. § 300aa-1 l(c)(l)(A).

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