VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00042
Package ID: USCOURTS-cofc-1_16-vv-00042
Petitioner: Ronald D. Klopfenstein
Filed: 2016-01-08
Decided: 2016-08-25
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Ronald D. Klopfenstein filed a petition for vaccine compensation on January 8, 2016, alleging that an influenza vaccine caused him to develop Guillain-Barre Syndrome (GBS). The petition was filed by attorney Kelly D. Burdette. The respondent was the Secretary of Health and Human Services, represented by attorney Lisa A. Watts. To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate either that they suffered a "Table Injury" listed in the Vaccine Injury Table corresponding to the vaccination, or that the injury was actually caused by a vaccine. The Special Master's decision noted that the record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that Mr. Klopfenstein's alleged GBS was vaccine-caused or vaccine-related. The petition must be supported by medical records or the opinion of a competent physician. In this case, the record did not contain sufficient medical records to support the claim, nor did the petitioner offer a medical opinion supporting a finding of entitlement. Consequently, on July 29, 2016, the petitioner filed a joint stipulation of dismissal. The Special Master, Mindy Michaels Roth, issued a decision on August 25, 2016, dismissing the case for insufficient proof. The Clerk was directed to enter judgment accordingly.

Theory of causation field:
Petitioner Ronald D. Klopfenstein alleged that an influenza vaccine caused Guillain-Barre Syndrome (GBS). The petition was filed on January 8, 2016. To establish entitlement, the petitioner needed to prove either a "Table Injury" or that the vaccine actually caused the injury. The record did not contain evidence of a "Table Injury." The Special Master found no persuasive evidence that the alleged GBS was vaccine-caused or vaccine-related. The petition was not supported by sufficient medical records or a competent physician's opinion. The case was dismissed for insufficient proof by Special Master Mindy Michaels Roth on August 25, 2016. Petitioner's counsel was Kelly D. Burdette, and respondent's counsel was Lisa A. Watts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00042-0
Date issued/filed: 2016-08-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/29/2016) regarding 15 DECISION of Special Master Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00042-UNJ Document 19 Filed 08/25/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-042V
(Filed: July 29, 2016)
* * * * * * * * * * * * * *
RONALD D. KLOPFENSTEIN, *
* Dismissal; Influenza (“Flu”) Vaccine;
Petitioner, * Guillain-Barre Syndrome (“GBS”).
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Kelly D. Burdette, Esq., Burkett & Burdette, Seattle, WA, for petitioner.
Lisa A. Watts, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On January 8, 2016, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program [“the Program”],2 alleging that an influenza vaccination
caused him to develop Guillain-Barre Syndrome (“GBS”). The information in the record,
however, does not show entitlement to an award under the Program. On July 29, 2016 petitioner
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.
1

Case 1:16-vv-00042-UNJ Document 19 Filed 08/25/16 Page 2 of 2
filed a “joint stipulation of dismissal” requesting that his case be dismissed. ECF No. 14.
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he 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
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’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 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.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2