VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00675
Package ID: USCOURTS-cofc-1_14-vv-00675
Petitioner: HOLLY BRANNIGAN, Parent of KB, a minor
Filed: 2014-07-28
Decided: 2017-05-02
Vaccine: TDaP
Vaccination date: 2011-07-28
Condition: dysautonomia, and Postural Orthostatic Tachycardic Syndrome (“POTS”)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On July 28, 2014, Holly Brannigan filed a petition for vaccine compensation on behalf of her minor child, K.B. The petition alleged that K.B. received tetanus-diphtheria-acellular pertussis (TDaP) and human papillomavirus (HPV) vaccinations on or about July 28, 2011, followed by influenza and HPV vaccinations on September 30, 2011, and an HPV vaccination on January 30, 2012. K.B. subsequently developed severe acne, headaches, near syncopal episodes, dysautonomia, and Postural Orthostatic Tachycardia Syndrome (POTS). An amended petition was filed on December 16, 2016, adding an intranasal influenza vaccine on November 8, 2012, a meningococcal vaccine on February 13, 2013, and an influenza vaccine on December 30, 2013, alleging these were significant contributing factors to K.B.'s autonomic nervous system impairment. The respondent was the Secretary of Health and Human Services. The public decision does not describe the petitioner's counsel or the respondent's counsel by name. Special Master Mindy Michaels Roth issued the decision. To be eligible for compensation, the petitioner was required to prove either a "Table Injury" corresponding to a vaccination or that the injury was actually caused by a vaccine. The Special Master found that the record lacked evidence of a "Table Injury." Furthermore, the record did not contain persuasive evidence that K.B.'s alleged injuries were vaccine-caused or vaccine-related. The decision noted that under the Vaccine Act, a petition cannot be based solely on claims; it must be supported by medical records or a competent physician's opinion. In this case, the record lacked sufficient medical records, and the petitioner offered no medical opinion supporting a finding of entitlement. Consequently, the Special Master concluded that the petitioner failed to demonstrate either a "Table Injury" or that K.B.'s injuries were "actually caused" by a vaccination. On April 6, 2017, the petitioner filed a motion requesting dismissal of her own petition. The case was dismissed for insufficient proof, and the Clerk was directed to enter judgment accordingly.

Theory of causation field:
Petitioner Holly Brannigan, on behalf of minor K.B., alleged that TDaP, HPV, and influenza vaccinations administered between July 28, 2011, and December 30, 2013, caused dysautonomia and Postural Orthostatic Tachycardic Syndrome (POTS). The petitioner later filed a motion to dismiss her own petition. Special Master Mindy Michaels Roth dismissed the case for insufficient proof. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The Special Master found no evidence of a "Table Injury" and insufficient evidence that the alleged injuries were vaccine-caused. The petitioner failed to provide supporting medical records or a competent physician's opinion. The case was dismissed without an award.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00675-2
Date issued/filed: 2017-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/7/2017) regarding 74 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:14-vv-00675-EGB Document 82 Filed 05/02/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-675V
(Filed: April 7, 2017)
* * * * * * * * * * * * * *
HOLLY BRANNIGAN, *
Parent of KB, a minor *
* Dismissal; Tetanus-diphtheria-
Petitioner, * acellular pertussis (“TDaP”)
* Vaccine; Human papillomavirus
v. * (“HPV”) Vaccine; Influenza
* (“Flu”) Vaccine; Dysautonomia;
SECRETARY OF HEALTH * Postural Orthostatic Tachycardic
AND HUMAN SERVICES, * Syndrome (“POTS”).
*
Respondent. *
* * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Darry Wishard, U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On July 28, 2014, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program [“the Program”]2 on behalf of her minor child K.B.
Petitioner alleged that K.B. received tetanus-diphtheria-acellular pertussis (“TDaP”) and human
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner
have 14 days to identify and move to delete medical or other information, that satisfies the
criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public
access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter
“Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. §
300aa of the Act.
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Case 1:14-vv-00675-EGB Document 82 Filed 05/02/17 Page 2 of 2
papillomavirus (“HPV”) vaccinations on or about July 28, 2011, influenza and HPV vaccinations
on September 30, 2011, an HPV vaccination on January 30, 2012, and an influenza vaccination on
September 12, 2012, and thereafter suffered from severe acne, headaches, near syncopal episodes,
dysautonomia, and Postural Orthostatic Tachycardia Syndrome (“POTS”). On December 16,
2016, petitioner filed an Amended Petition, further alleging that K.B. received an intranasal
influenza vaccine on November 8, 2012, a meningococcal vaccine on February 13, 2013, and an
influenza vaccine on December 30, 2013, each of which “was a significant contributing factor to
her autonomic nervous system impairment.” Amended Pet. at 1, ECF No. 69. The information in
the record, however, does not show entitlement to an award under the Program. On April 6, 2017,
petitioner filed a Motion for Decision Dismissing Petition, requesting that her case be dismissed.
ECF No. 73.
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 his vaccination, or 2) that she 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 K.B.
suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating
that K.B.’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, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that K.B. suffered a “Table Injury” or that K.B.’s 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
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