VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00231
Package ID: USCOURTS-cofc-1_15-vv-00231
Petitioner: Jean L. Buck
Filed: 2015-04-21
Decided: 2015-05-12
Vaccine: influenza
Vaccination date: 2010-11-26
Condition: Guillain Barre Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Jean L. Buck filed a claim on April 21, 2015, on behalf of herself, alleging that she suffered Guillain Barre Syndrome (GBS) caused by an influenza vaccination she received on November 26, 2010. The case was assigned to the Special Processing Unit. During a status conference held on March 31, 2015, petitioner's counsel, Carol Gallagher, appeared along with respondent's counsel, Jennifer Reynaud. Petitioner's counsel indicated that after discussions and research, she concluded that the Afluria vaccination received by Ms. Buck was a trivalent influenza vaccine. Counsel stated that the claim, filed on March 6, 2015, was outside the Vaccine Act's statute of limitations, which requires petitions to be filed within 36 months after the first symptom or manifestation of onset or significant aggravation of the injury. Petitioner's counsel further indicated that Ms. Buck did not intend to pursue the claim. On April 1, 2015, the Special Master ordered petitioner to show cause why the case should not be dismissed as untimely filed. Petitioner did not respond to this order. As petitioner conceded the claim was not filed within the required 36-month period, Chief Special Master Denise Kathryn Vowell dismissed the case as untimely filed under the statute of limitations. The clerk was directed to enter judgment accordingly.

Theory of causation field:
Petitioner Jean L. Buck alleged that a November 26, 2010, influenza vaccination (Afluria, a trivalent influenza vaccine) caused her Guillain Barre Syndrome (GBS). The petition was filed on March 6, 2015. Petitioner's counsel conceded that the claim was filed outside the 36-month statute of limitations required by the Vaccine Act, which mandates filing within 36 months after the first symptom or manifestation of onset or significant aggravation of the injury. Petitioner did not intend to pursue the claim. Chief Special Master Denise Kathryn Vowell dismissed the case as untimely filed. No specific medical experts, clinical details of GBS onset or progression, or a detailed mechanism of causation were presented in the public decision, as the case was resolved solely on statute of limitations grounds.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00231-0
Date issued/filed: 2015-05-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/21/2015) regarding 10 DECISION of Special Master ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00231-UNJ Document 11 Filed 05/12/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0231V
Filed: April 21, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEAN L. BUCK, *
*
Petitioners, *
v. * Statute of Limitations;
* Untimely Filing; Influenza Vaccine;
SECRETARY OF HEALTH * Guillain Barre Syndrome (“GBS”)
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol Gallagher, Esq., Linwood, NJ, for petitioner.
Jennifer Reynaud, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION1
Vowell, Chief Special Master:
On March 6, 2015, petitioner filed a claim for compensation pursuant to the
National Vaccine Injury Compensation Program [“Vaccine Program” or “the Program”].2
Petitioner alleges that she suffered Guillain Barre Syndrome [“GBS”] that was caused-
in-fact by her influenza [“flu”] vaccination administered on November 26, 2010. Petition
at ¶10. The case was assigned to the Special Processing Unit [“SPU”] of the Office of
Special Masters.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it 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
redact 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 redact such
material from public access.
2 The National Vaccine Injury Compensation Program [“Vaccine Program” or “the Program”] is set forth in
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. (2006) [“Vaccine Act” or “the Act”]. All citations in this
Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.

Case 1:15-vv-00231-UNJ Document 11 Filed 05/12/15 Page 2 of 2
A telephonic status conference was held on March 31, 2015. Carol Gallagher
appeared on behalf of petitioner, and Jennifer Reynaud appeared on behalf of
respondent.
Petitioner’s counsel indicated that after discussions with respondent’s counsel,
and her own additional research, she has concluded that the Afluria vaccination
petitioner received on November 26, 2010 is a trivalent influenza vaccination, and as
such this claim filed on March 6, 2015 is outside the Vaccine’s Act’s statute of
limitations. 42 U.S.C. § 300 aa-16(a)(2).3 Petitioner’s counsel indicated that petitioner
does not intend to pursue her petition for compensation in this claim.
On April 1, 2015 I ordered petitioner to show cause why this case should not be
dismissed as untimely filed by no later April 10, 2015. Petitioner did not respond to my
Order.
Petitioner has the burden to show timely filing. Petitioner concedes this claim
was not filed within “36 months after the date of the occurrence of the first symptom or
manifestation of onset or of the significant aggravation of such injury” as required by the
Vaccine Act. § 16(a)(2). Thus, this claim is dismissed as untimely filed under the
Vaccine Act’s statute of limitations. The clerk is directed to enter judgment
accordingly.
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 The Vaccine Act provides that in the case of:
a vaccine set forth in the Vaccine Injury Table which is administered after October 1,
1988, if a vaccine-related injury occurred as a result of the administration of such
vaccine, no petition may be filed for compensation under the Program for such injury after
the expiration of 36 months after the date of the occurrence of the first symptom or
manifestation of onset or of the significant aggravation of such injury . . . .
§ 16(a)(2).
2