VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00661
Package ID: USCOURTS-cofc-1_16-vv-00661
Petitioner: Linda Ybarra
Filed: 2016-06-03
Decided: 2018-01-19
Vaccine: Tdap
Vaccination date: 2013-11-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Linda Ybarra filed a petition on June 3, 2016, alleging that the Tdap vaccine she received on November 10, 2013, caused her shoulder injury related to vaccine administration (SIRVA). The respondent was the Secretary of Health and Human Services. Petitioner counsel was John Howie, Jr., and respondent counsel was Ryan D. Pyles. Special Master Laura D. Millman presided over the case. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments related to the alleged SIRVA. Petitioner's medical records indicated a history of joint pain since age 17, diagnosed as osteoarthritis in her twenties and thirties, and lumbar stenosis. She also complained of fatigue and generalized aches and pains. Approximately six months prior to a December 9, 2014, medical visit, she reported the insidious onset of left upper arm pain, which radiated into her left dorsal forearm and hand, along with neck soreness and stiffness. This was diagnosed as SIRVA. However, the medical records did not substantiate her claim of SIRVA. Furthermore, the petitioner did not provide a medical expert opinion to support her allegations of causation. On January 16, 2018, the petitioner filed a Motion for a Decision Dismissing her Petition, stating she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable and a waste of resources. Special Master Millman granted the petitioner's motion and dismissed the case on January 19, 2018. The court directed the Clerk of Court to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
Petitioner Linda Ybarra alleged that the Tdap vaccine administered on November 10, 2013, caused her shoulder injury related to vaccine administration (SIRVA). The public decision does not specify the medical theory connecting the vaccine to the alleged injury, nor does it name any medical experts. The petitioner's medical records indicated a history of joint pain and osteoarthritis predating the vaccination. While she reported left upper arm pain approximately six months after vaccination, the medical records did not substantiate the SIRVA diagnosis, and no medical expert opinion was provided to support causation. The petitioner subsequently moved to dismiss her petition, stating she could not prove entitlement to compensation. Special Master Laura D. Millman granted the motion and dismissed the case on January 19, 2018, noting that the Vaccine Act prohibits rulings for a petitioner based solely on unsubstantiated allegations. The case was dismissed without an award.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00661-0
Date issued/filed: 2018-02-12
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 01/19/2018) regarding 36 DECISION of Special Master Signed by Special Master Laura D Millman. (tlf) Service on parties made.
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Case 1:16-vv-00661-UNJ Document 37 Filed 02/12/18 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-661V
Filed: January 19, 2018
Not to be Published.
*************************************
LINDA YBARRA, *
*
Petitioner, *
* Tdap vaccine; SIRVA; no proof
v. * of Table injury or of causation;
* petitioner moves to dismiss
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John Howie, Jr., Dallas, TX, for petitioner.
Ryan D. Pyles, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
On June 3, 2016, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that tetanus, diphtheria, and acellular pertussis
(“Tdap”) vaccine administered on November 10, 2013 caused her shoulder injury related to
vaccine administration (“SIRVA”) and which the vaccine caused. Pet. Preamble and ¶ 20.
On January 16, 2018, petitioner filed a Motion for a Decision Dismissing her Petition.
She states that “she will be unable to prove that she is entitled to compensation in the Vaccine
Program” and that “to proceed further would be unreasonable and would waste the resources” of
the court, respondent, and the Vaccine Program. Pet’r’s Mot. at 1.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012)
(Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document’s disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:16-vv-00661-UNJ Document 37 Filed 02/12/18 Page 2 of 3
The undersigned GRANTS petitioner’s Motion for a Decision Dismissing her Petition
and DISMISSES this case.
FACTS
Medical Records
Prevaccination Records
On June 9, 2011, petitioner saw Deanna E. Wallace, complaining of joint pain in her
neck, shoulders, wrists, hands, lower back, hips, knees, and feet since she was 17 years old but
progressively worsening. Med. recs. Ex. 4, at 5. She was diagnosed with osteoarthritis in her
twenties and thirties. She was also diagnosed with lumbar stenosis. She complained of all-day
fatigue, and aches and pains in her proximal arms and neck. She was diagnosed with
polyarthralgia. Id.
Postvaccination Records
On November 10, 2013, petitioner received Tdap vaccine. Med. recs. Ex. 2, at 1-2.
On December 9, 2014, petitioner went to Sports Medicine and Rehabilitation,
complaining of difficulty with daily activities, fatigue, poor endurance, joint stiffness, muscle
weakness, neck pain, upper arm tingling, left upper arm pain, and left forearm and hand pain.
Med. recs. Ex. 9, at 7. She said her current problems began on June 1, 2014 with an insidious
onset of left upper arm pain posteriorly and laterally about six months previously, with a gradual
increase in symptoms and radiation of pain into her left dorsal forearm and hand. She had a
history of neck soreness and stiffness for many years. Id.
DISCUSSION
To satisfy her burden of proving causation in fact, petitioner must prove by preponderant
evidence: “(1) a medical theory causally connecting the vaccination and the injury; (2) a logical
sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a
showing of a proximate temporal relationship between vaccination and injury.” Althen v. Sec’y
of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). In Althen, the Federal Circuit quoted its opinion
in Grant v. Secretary of Health and Human Services, 956 F.2d 1144, 1148 (Fed. Cir. 1992):
A persuasive medical theory is demonstrated by “proof of a logical
sequence of cause of and effect showing that the vaccination was
the reason for the injury [,]” the logical sequence being supported
by a “reputable medical or scientific explanation[,]” i.e., “evidence
in the form of scientific studies or expert medical testimony[.]”
2

Case 1:16-vv-00661-UNJ Document 37 Filed 02/12/18 Page 3 of 3
418 F.3d at 1278.
Without more, “evidence showing an absence of other causes does not meet petitioner’s
affirmative duty to show actual or legal causation.” Grant, 956 F.2d at 1149. Mere temporal
association is not sufficient to prove causation in fact. Id. at 1148.
Petitioner must show not only that but for Tdap vaccine, she would not have SIRVA, but
also that Tdap vaccine was a substantial factor in causing her SIRVA. Shyface v. Sec’y of HHS,
165 F.3d 1344, 1352 (Fed. Cir. 1999). From her medical records, it is doubtful that she even had
SIRVA.
The Vaccine Act, 42 U.S.C. § 300aa-13(a)(1), prohibits the undersigned from ruling for
petitioner based solely on her allegations unsubstantiated by medical records or medical opinion.
The medical records do not support petitioner’s allegations. She has not filed a medical expert
opinion in support of her allegations.
Petitioner moves for a decision dismissing her petition.
The undersigned GRANTS petitioner’s motion and DISMISSES this petition.
CONCLUSION
The petition is DISMISSED. In the absence of a motion for review filed pursuant to
RCFC Appendix B, the Clerk of Court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: January 19, 2018 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
3