VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00998
Package ID: USCOURTS-cofc-1_14-vv-00998
Petitioner: Shari Buetow
Filed: 2014-10-16
Decided: 2015-08-26
Vaccine: influenza
Vaccination date: 2011-10-18
Condition: transverse myelitis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Shari Buetow filed a petition for Vaccine Compensation on October 16, 2014, alleging that an influenza vaccine she received on October 18, 2011, caused her to suffer from transverse myelitis. The respondent was the Secretary of Health and Human Services. The parties later filed a joint stipulation of dismissal on July 30, 2015. Special Master Thomas L. Gowen reviewed the record and found that it did not demonstrate entitlement to an award under the National Vaccine Injury Compensation Program. To be eligible for compensation, a petitioner must prove either that they suffered a "Table Injury" corresponding to the vaccine or that the injury was actually caused by the vaccine. The record in this case did not contain evidence of a "Table Injury," nor did it include persuasive evidence that the alleged injury was vaccine-caused. The Special Master noted that a petition must be supported by medical records or a competent physician's opinion, and that the petitioner had not provided sufficient medical records or a supporting medical opinion. Consequently, Special Master Gowen dismissed the case for insufficient proof. A subsequent decision addressed attorneys' fees and costs. The parties filed a stipulation concerning these fees and costs, and the respondent did not object to the requested amount. Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). An award of $11,065.49 was made in the form of a check payable jointly to Shari Buetow and her counsel, Mark L. Krueger, Esq., for attorney fees and costs. The decision was issued by Special Master Thomas L. Gowen.

Theory of causation field:
Petitioner Shari Buetow alleged that an influenza vaccine administered on October 18, 2011, caused her to suffer from transverse myelitis. The case was dismissed for insufficient proof. The public decision does not describe the specific theory of causation, the mechanism of injury, or any expert testimony presented. The Special Master found no evidence of a "Table Injury" and insufficient persuasive evidence that the alleged injury was vaccine-caused. The petition lacked adequate supporting medical records or a competent physician's opinion. The case was dismissed by Special Master Thomas L. Gowen on July 31, 2015, for failure to demonstrate entitlement. Attorneys' fees and costs totaling $11,065.49 were awarded on August 26, 2015, based on a finding that the petition was brought in good faith with a reasonable basis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00998-0
Date issued/filed: 2015-08-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/31/2015) regarding 21 DECISION of Special Master ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00998-UNJ Document 26 Filed 08/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-998V
Filed: July 31, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * *
SHARI BUETOW, *
*
Petitioner, * Joint Stipulation of Dismissal;
v. * Influenza Vaccine; Transverse
* Myelitis
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Mark L. Krueger, Esq., Mark L. Krueger, Baraboo, WI for petitioner.
Gordon Shemin, Esq., U.S. Dep’t of Justice, Washington, D.C., for respondent.
DECISION1
Gowen, Special Master:
On October 16, 2014, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program [“the Program”],2 alleging that the influenza vaccine
received on October 18, 2011, caused her to suffer from transverse myelitis. The information in
the record, however, does not show entitlement to an award under the Program. On July 30, 2015,
the parties filed a joint stipulation of dismissal. Joint Stipulation of Dismissal, filed July 30, 2015.
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 her influenza vaccine, or 2) that petitioner suffered an injury that was actually caused by a
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.

Case 1:14-vv-00998-UNJ Document 26 Filed 08/26/15 Page 2 of 2
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.
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 she suffered a “Table Injury” or that her 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/Thomas L. Gowen
Thomas L. Gowen
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00998-1
Date issued/filed: 2015-08-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/04/2015) regarding 23 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00998-UNJ Document 27 Filed 08/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-998V
Filed: August 4, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * *
SHARI BUETOW, *
*
Petitioner, * Stipulation; Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Mark L. Krueger, Esq., Mark L. Krueger, Baraboo, WI for petitioner.
Gordon Shemin, Esq., U.S. Dep’t of Justice, Washington, D.C., for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued a
decision adopting the parties’ joint stipulation of dismissal on July 31, 2015, and
dismissed the case for insufficient proof. On August 3, 2015, the parties filed a
Stipulation of Fact concerning attorneys’ fees and costs. Additionally, pursuant to
General Order #9, petitioner’s counsel asserted that petitioner incurred no personal
litigation costs in this matter. Id. at para. 2.
The parties’ stipulation indicates that respondent does not object to the amount of
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 has 14 days to identify and move to delete medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree
that the identified material fits within this definition, I will delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012).

Case 1:14-vv-00998-UNJ Document 27 Filed 08/26/15 Page 2 of 2
$11,065.49 in attorneys’ fees and cost that petitioner is requesting.
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award:
 A lump sum of $11,065.49 in the form of a check payable jointly to
petitioner and petitioner’s counsel of record, Mark L. Krueger, Esq.,
for petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See
Vaccine Rule 11(a).