Halaz v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 21-280V UNPUBLISHED

DANIELLE HALAZ,

Chief Special Master Corcoran Petitioner, v.

Filed: June 9, 2021 SECRETARY OF HEALTH AND HUMAN SERVICES, Motion for decision; Dismissal;

Influenza (Flu) Vaccine; Shoulder Respondent. Injury Related to Vaccine

Administration (SIRVA) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION1 On January 7, 2021, Danielle Halaz filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34,2 (the “Vaccine Act”). Ms. Halaz alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) from an influenza vaccine she received on September 25, 2020. ECF no. 1.

On May 21, 2021, Ms. Halaz filed a motion for a decision dismissing her petition. ECF no. 10. For the reasons set forth below, Ms. Halaz’s motion is GRANTED, and this case is DISMISSED.

In her petition, Ms. Halaz alleged that that she received an influenza vaccination but did not otherwise detail any of her symptoms or medical treatment. ECF no. 1. The January 12, 2021 PAR Initial Order required Ms. Halaz to file all the statutorily required documents, including medical records establishing the severity requirement.3 ECF No. 5. On May 7, 2021, Ms. Halaz filed some medical records covering treatment until November 4, 2020.

On May 21, 2021, Ms. Halaz filed a motion for a decision dismissing her petition stating that “[a]n investigation of the facts and science supporting her case has demonstrated to petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program.” ECF no. 10.

To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either 1) that the vaccinee suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the vaccinations, or 2) that the vaccinee suffered an injury that was actually caused by a vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Ms. Halaz alleged that she sustained a SIRVA Table Injury.

Under the Vaccine Act, a petitioner may not receive 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). For a Table Injury, among other requirements, a petitioner must establish with supporting documentation that she received a covered vaccine, that she sustained a covered injury, and that she either suffered the effects of this injury for at least six months or the injury resulted in inpatient hospitalization and surgical intervention. § 300aa—11(c)(1). At a minimum, Ms. Halaz has not established the severity requirement. Moreover, Ms. Halaz admitted in her motion for a decision that she will not be able to prove her entitlement to compensation.

Thus, Petitioner has failed to establish entitlement to compensation in the Vaccine Program. This case is dismissed for insufficient proof. The clerk shall enter judgment accordingly.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

4If Petitioner wishes to bring a civil action, she must file a notice of election rejecting the judgment pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”