Skugstad v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 17-1497V Filed: October 20, 2021

* * * * * * * * * * * * * * JAN SKUGSTAD, * Dismissal; Influenza (“Flu”) Vaccine;

* Guillain Barré Syndrome (“GBS”) Petitioner, *

*

v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * David Carney, Esq., Green & Schafle LLC, Philadelphia, PA, for petitioner.

Nancy Tinch, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

DECISION1

Roth, Special Master:

On October 11, 2017, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),2 alleging that the influenza (“flu”) vaccination caused him to develop Guillain Barré Syndrome (“GBS”). The information in the record, however, is not sufficient to show entitlement to an award under the Program. On October 19, 2021, petitioner filed a Motion for Dismissal Decision requesting that his case be dismissed. ECF No. 55.

To receive compensation under the Program, petitioner must prove either 1) that he suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to his vaccination, or 2) that he suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.

Under the Act, petitioner may not be given a Program award 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. § 13(a)(1). In this case, because there are insufficient medical records supporting petitioner’s claim, a medical opinion must be offered in support. Petitioner offered a medical opinion that was not sufficient to support a finding of entitlement.

Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate either that he suffered a “Table Injury” or that his injuries were “actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master