VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00628
Package ID: USCOURTS-cofc-1_14-vv-00628
Petitioner: Matthew Cole
Filed: 2014-07-18
Decided: 2015-06-16
Vaccine: influenza
Vaccination date: 2011-07-25
Condition: Guillain-Barré Syndrome and chronic inflammatory demyelinating polyneuropathy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Matthew Cole filed a petition on July 18, 2014, alleging that an influenza vaccine he received on July 25, 2011, caused him to suffer Guillain-Barré Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). Mr. Cole claimed his conditions were a Table injury. The petition was filed under the National Childhood Vaccine Injury Act. No medical records were initially filed with the petition. From August to December 2014, Mr. Cole submitted various medical and employment records, along with affidavits. On January 6, 2015, the respondent noted that a vaccine administration record had not been filed and questioned whether the 2011-2012 flu vaccine would have been available on July 25, 2011. Status conferences were held on January 14, 2015, and February 23, 2015, to discuss Mr. Cole's efforts to obtain the vaccine administration record, which included subpoenaing his employer and contacting his physician. During a status conference on April 8, 2015, Mr. Cole stated he was unable to locate the vaccine administration record and intended to withdraw his case. On May 4, 2015, Mr. Cole moved to dismiss his petition, asserting he would be unable to prove entitlement to compensation and that further proceedings would be unreasonable. To receive compensation, petitioners must prove they received a vaccine listed in the Vaccine Injury Table and either suffered a Table Injury or that the vaccine actually caused their injury. The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received. Mr. Cole was unable to produce evidence of vaccine administration and did not establish a Table Injury or provide expert opinion or other persuasive evidence that his GBS and CIDP were vaccine-caused. The case was dismissed for insufficient proof by Special Master Christian J. Moran on June 16, 2015. Petitioner counsel was Maximillian J. Muller. Respondent counsel was Jennifer L. Reynaud.

Theory of causation field:
Petitioner Matthew Cole alleged that an influenza vaccine received on July 25, 2011, caused Guillain-Barré Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP), which he claimed was a Table injury. The case was filed on July 18, 2014. Petitioner was unable to produce a vaccine administration record to prove he received the vaccine. The record was also insufficient to establish a Table Injury or that the GBS and CIDP were vaccine-caused, as no medical records or physician's opinion were provided to support these claims. The public decision does not name specific medical experts or describe the proposed mechanism of causation. Petitioner moved to withdraw his petition due to insufficient proof, and Special Master Christian J. Moran dismissed the case for insufficient proof on June 16, 2015. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Jennifer L. Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00628-0
Date issued/filed: 2015-06-16
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 05/13/2015) regarding 27 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00628-UNJ Document 29 Filed 06/16/15 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MATTHEW COLE, * No. 14-628V
* Special Master Christian J. Moran
Petitioner, *
* Filed: May 13, 2015
v. *
* Decision on the record; insufficient
SECRETARY OF HEALTH * proof of causation; influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Guillain-Barré Syndrome
* (“GBS”); chronic inflammatory
Respondent. * demyelinating polyneuropathy
* (“CIDP”).
* * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Matthew Cole filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. § 300aa –10 through 34 (2012), on July 18, 2014. In his petition,
Mr. Cole alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
July 25, 2011, caused him to suffer Guillain-Barré Syndrome (“GBS”) and chronic
inflammatory demyelinating polyneuropathy (“CIDP”). The information in the
record, however, does not show entitlement to an award under the Program.
I. Procedural History
On July 18, 2014, Mr. Cole, filed a petition for compensation alleging that
his GBS and CIDP were caused in fact by a flu vaccine he received on July 25,
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa—12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00628-UNJ Document 29 Filed 06/16/15 Page 2 of 3
2011. No medical records were filed with the petition as required by 42 U.S.C. §
300aa—11(c).
From August to December 2014, petitioner periodically filed medical and
employment records (exhibits 1 – 9), as well as affidavits (exhibits 10-12), in
support of his claim. Mr. Cole filed his statement of completion on December 2,
2014.
On January 6, 2015, respondent filed a status report on the completeness of
Mr. Cole’s medical records. In her report, respondent requested that Mr. Cole had
not yet filed a vaccine administration record. Respondent raised the concern that
although Mr. Cole’s petition stated that his employer, Union Pacific Railroad,
administered the vaccine, it was not likely that the 2011-2012 flu vaccine was
available as early as July 25, 2011. Resp’t’s Rep., filed Jan. 6, 2015, at 1-2.
A status conference was held on January 14, 2015, to discuss Mr. Cole’s
efforts to obtain his vaccine administration record. Mr. Cole reported that he had
already taken several steps to locate the record, including subpoenaing his
employer and contacting his previous primary care physician. Additional
suggestions for steps were proposed including seeking an affidavit or deposition
from the administering nurse. Order, issued Jan. 14, 2015.
A follow-up status conference was held on February 23, 2015. During this
conference, Mr. Cole reported that he was still considering how to continue his
efforts to locate the vaccine administration record such as seeking authorization for
another subpoena for the record. The undersigned suggested that Mr. Cole may
want to subpoena the nurse for deposition. Order, issued Feb 24, 2015.
During a status conference held on April 8, 2015, Mr. Cole announced that
he was unable to locate the vaccine administration record and planned to withdraw
his case. Mr. Cole moved for a decision dismissing his petition on May 4, 2015.
In his motion, petitioner stated that he “will be unable to prove that his is entitled
to compensation in the Vaccine Program” and that “proceed[ing] further would be
unreasonable.” Pet’r’s Mot., filed May 4, 2015, at ¶¶ 1-2.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program, petitioners must prove that they “received a vaccine set forth in the
Vaccine Injury Table.” In addition, petitioners must also establish either 1) that the
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Case 1:14-vv-00628-UNJ Document 29 Filed 06/16/15 Page 3 of 3
vaccinee suffered a “Table Injury” – i.e., an injury falling within the Vaccine
Injury Table – corresponding to one of the vaccinee’s vaccinations, or 2) that the
vaccinee suffered an injury that was actually caused by a vaccine. See §§ 300aa—
13(a)(1)(A) and 300aa—11(c)(1).
Mr. Cole has been unable to produce evidence that he did, in fact, receive
the flu vaccine on or around July 25, 2011. In addition to lacking proof of vaccine
administration, the record is otherwise insufficient. Mr. Cole has not established
that he suffered a “Table Injury,” and he has not provided a medical expert’s
opinion, or any other persuasive evidence, indicating that his GBS and CIDP were
vaccine-caused.
Under the Act, petitioners may not be given a Program award based solely
on the petitioners’ claims alone. Rather, the petition must be supported by either
medical records or by the opinion of a competent physician. § 300aa—13(a)(1).
In this case, Mr. Cole has not provided medical records or opinion supporting his
claim that he received the flu vaccine, and that vaccine caused his GBS and CIDP.
He 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.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
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