Pierantoni v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: December 17, 2021

************************* JULIE PIERANTONI, * No. 19-1477V

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* Special Master Sanders Petitioner, *

v. *

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SECRETARY OF HEALTH * Dismissal; Insufficient Proof; AND HUMAN SERVICES, * Tetanus-Diphtheria-Pertussis (“Tdap”)

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

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************************* Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Mark K. Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

DISMISSAL 1

On September 25, 2019, Julie Pierantoni (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program 2 (“Vaccine Program” or “Program”). 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that she suffered from Guillain-Barré Syndrome (“GBS”) following receipt of the tetanus-diphtheria-pertussis (“Tdap”) vaccine on November 10, 2017. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.

On December 9, 2021, Petitioner filed a motion for a decision dismissing her petition. ECF No. 32. In her motion, Petitioner stated that she “is unable to retain an expert in order to support causation-in-fact, and will therefore be unable to prove that she is entitled to compensation in the Vaccine Program.” Id. ¶ 2. She continued, “[i]n these circumstances, to proceed further would be unreasonable, and would waste the resources of this Court, Respondent, and the Vaccine Program.” Id. ¶ 3.

To receive compensation under the Program, Petitioner must prove either (1) that Petitioner 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). An examination of the record did not uncover any evidence that Petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence that Petitioner’s alleged injuries were caused by the Tdap vaccine.

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 are insufficient to prove Petitioner’s claim, and at this time, Petitioner has not filed a supportive opinion from an expert witness. 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