Reed v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-1722V

GERALDINE REED, Chief Special Master Corcoran

Petitioner, Filed: February 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

David Gregory Rogers, Rogers, Hofrichter & Karrh, Fayettville, GA, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION DISMISSING CLAIM 1

On October 4, 2023, Geraldine Reed filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that that she suffered injuries, including neuropathy to her left arm, as a result of an influenza vaccine administered to her on October 8, 2020. Petition at 1.

On January 17, 2025, Petitioner moved for a Decision dismissing her case. ECF No. 25. Petitioner states in her motion 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. Petitioner further states that “to proceed any further would be unreasonable and would waste the resources of the Court, the [R]espondent and the Vaccine Program.” Id. at 2. Petitioner notes in her Motion that “pursuant to 42 U.S.C. § 300aa-21(a)(2), she intends to . . . reject the Vaccine Program judgement against her and elect to file a civil action.” Id. at 2.

Vaccine Rule 21(b) provides that I may dismiss a petition or any claim therein at the request of Petitioner, on terms that I consider proper, by issuance of a decision pursuant to 42 U.S.C. § 300aa-12(d)(3).

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 one of her vaccinations, or 2) that she suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). Examination of the record does not disclose sufficient evidence to establish 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. Section 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, in accordance with Vaccine Rule 21(b) and Section 12(d)(3)(A) of the Vaccine Act, this case is DISMISSED for insufficient proof. The Clerk of Court shall enter judgment accordingly. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master