United States Court of Federal Claims, 2019

Calvin v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided June 13, 2019 · Herbrina Sanders

Opinion

REISSUED FOR PUBLICATION

JUNE 13, 2019

OSM U.S. COURT OF FEDERAL CLAIMS 3Jn tbe Wntteb $)tates QCourt of jfeberal QCiatms

OFFICE OF SPECIAL MASTERS Filed: March 20, 2019

* * * * * * * * * * * * * * * BONNIE CAL VIN, for spouse, * No. 18-1859V RICHARD CAL VIN, deceased *

Petitioner, * Special Master Sanders

V. *

SECRETARY OF HEAL TH * Dismissal; Insufficient Proof; influenza AND HUMAN SERVICES, * ("flu") vaccine; Chronic Inflammatory

* Demyelinating Polyneuropathy ("CIDP"); Respondent. * Death.

* * * * * * * * * * * * * * * Bonnie Calvin , prose, Marco Island, FL.

Mallari Browne Openchowski, U.S. Department of Justice, Washington, D.C., for Respondent.

DECISION 1

On December 4, 2018, Bonnie Calvin ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program ("Vaccine Program") on behalf of her spouse Richard Calvin, deceased. 2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that Mr. Calvin suffered from Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") that resulted in his death because of the influenza ("flu") vaccine he received on October 3, 2017. Pet. , ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.

On March 18, 2019, Petitioner submitted a letter requesting that the undersigned dismiss her petition. ECF No. 12. In her letter, Petitioner explained that she wishes to "withdraw[] from litigation for vaccine injury compensation on behalf of the wrongful death of [her] husband .... " Id.

To receive compensation under the Program, Petitioner must prove either (1) that Mr. Calvin suffered a "Table Injury"- i.e., an injury falling within the Vaccine Injury Table- corresponding to the vaccination, or (2) that her suffered an injury that was actually caused by a vaccine. See§§ 13(a)(l)(A), 1 l(c)(l). Under the Act, petitioners may not be given a Program award based solely on their claims alone. Rather, the petition must be supported by medical records or the opinion of a competent physician. § 13(a)(l).

Here, an examination of the record did not uncover any evidence that Mr. Calvin suffered a "Table Injury." The medical records do not contain evidence to support Petitioner's claim that Mr. Calvin's alleged injury was caused by the flu vaccine, and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must be dismissed for insufficient proof. The Clerk of Court shall enter judgment in accordance herewith.

IT IS SO ORDERED.

Herbrina D. Sanders

Special Master

- LlSCf'C MAR 2 1 2019

1 This decision shall be posted on the website of the United States Cow1 of Federal Claims, in accordance with the £ -Government Act of 2002, Pub. L. No. 107-347, § 205 , 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule l 8(b ), each pa11y has 14 days within which to request redaction "of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy." Vaccine Rule 18(b). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision . If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be withheld from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99- 660, 100 Stat. 3755. Hereinafter, for ease of citation, all " §" references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C . § 300aa (2012).

Case-law data current through September 30, 2026. Source: CourtListener bulk data.