Bonsall v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-0420V Filed: April 29, 2019 UNPUBLISHED

DAWN L. BONSALL,

Petitioner, v. Petitioner’s Motion for a Decision

Dismissing Petition; Influenza (Flu) SECRETARY OF HEALTH AND Vaccine; Guillain-Barré Syndrome HUMAN SERVICES, (GBS); Vaccine Act Entitlement;

Denial Without Hearing; Special Respondent. Processing Unit (SPU)

Miriam Johnson, Berman & Simmons, Lewiston, ME, for petitioner.

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.

DECISION 1 Dorsey, Chief Special Master:

On March 20, 2019, Dawn L. Bonsall (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act” or “Program”).3 Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccination received in October 2015. Petition at 1. The information in the record does not show entitlement to an award under the Program.

On April 23, 2019, petitioner moved for a decision dismissing her petition, acknowledging that insufficient evidence exists to demonstrate entitlement to compensation. (ECF No. 10). Petitioner indicated in her motion that “[a] full review of all relevant medical records and billing statements has demonstrated to the Petitioner that she will not be able to prove that she is entitled to compensation in the Vaccine Program.” Id. at ¶ 3. Petitioner further indicated that she “understands that a decision against her by the Special Master will result in a judgement against her. [Petitioner] has been advised that such a judgment will end all of her rights in the Vaccine Program.” Id. at ¶ 5.

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

Under the Vaccine Act, a petitioner may not be awarded compensation based on the petitioner’s claims alone. Rather, the petition must be supported by either the medical records or by a medical opinion. § 13(a)(1). In this case, the record does not contain medical records or a medical opinion sufficient to demonstrate that petitioner was injured by a vaccine. For these reasons, and in accordance with § 12(d)(3)(A), petitioner’s claim for compensation is DENIED and this case is DISMISSED for insufficient proof. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master