Bullock v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: December 15, 2020

************************* MINNIE BULLOCK, * No. 17-1584V

* Petitioner, * Special Master Sanders

v. *

*

SECRETARY OF HEALTH * Dismissal; Insufficient Proof; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine;

* Guillain-Barré Syndrome (“GBS”) Respondent. *

************************* Gary S. Logsdon, Brownsville, KY, for Petitioner.

Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for Respondent.

DISMISSAL1

On October 23, 2017, Minnie Bullock (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”). 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that she developed Guillain-Barré Syndrome (“GBS”) as a result of the influenza (“flu”) vaccine she received on October 17, 2016. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.

On December 1, 2020, Petitioner filed an unopposed motion for a decision dismissing her petition. See ECF No. 46. In her motion, Petitioner conceded that “[a]n investigation of the facts and science supporting her case has demonstrated to [P]etitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program.” Id. at 1. She continued, “[i]n these circumstances, to proceed further would be unreasonable and would waste the resources of the Court, the [R]espondent, and the Vaccine Program.” Id. Respondent had no objection to Petitioner’s motion. Id. at 2.

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 the vaccination, or (2) that she suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A), 11(c)(1). Petitioner did not allege that she suffered a Table injury. See Pet. at 1–2. Further, the record contains neither persuasive evidence that Petitioner suffered from GBS nor persuasive evidence that the flu vaccine caused her alleged injury.

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)(1). In this case, the medical records and purported expert reports, see ECF Nos. 40–41, are insufficient to prove Petitioner’s claim. Therefore, this case must be dismissed for insufficient proof. The Clerk shall enter judgment accordingly.3

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master