VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00754
Package ID: USCOURTS-cofc-1_16-vv-00754
Petitioner: Kady Alexis Malloy
Filed: 2017-10-18
Decided: 2017-11-14
Vaccine: influenza
Vaccination date: 2014-10-30
Condition: Ramsay Hunt syndrome, palatal myoclonus, and postherpetic neuralgia
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kady Alexis Malloy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on October 30, 2014, resulted in Ramsay Hunt syndrome, palatal myoclonus, and postherpetic neuralgia. The petition was filed on October 18, 2017. After unsuccessful attempts to obtain a favorable expert opinion, Ms. Malloy moved to dismiss her claim on November 14, 2017. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine caused or significantly aggravated their condition. The record did not contain evidence of a Table Injury, nor persuasive evidence that the alleged injuries were caused or significantly aggravated by the flu vaccination. The medical records were deemed insufficient to prove the claim, and no supportive expert opinion was filed. Consequently, the case was dismissed for insufficient proof.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00754-0
Date issued/filed: 2017-11-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/18/2017) regarding 36 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (jk) Copy to parties.
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Case 1:16-vv-00754-UNJ Document 41 Filed 11/14/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-754V
Filed: October 18, 2017
* * * * * * * * * * * * * * Special Master Sanders
KADY ALEXIS MALLOY, *
* Dismissal; Insufficient Proof; Influenza
Petitioner, * (“Flu”) Vaccine; Ramsay Hunt Syndrome;
* Palatal Myoclonus; Postherpetic Neuralgia.
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for Petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On June 28, 2016, Kady Alexis Malloy (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program2 (“the Program”). Petitioner alleges
that the influenza (“flu”) vaccination administered on October 30, 2014 resulted in the
development of or significant aggravation of Ramsay Hunt syndrome (herpes zoster oticus), palatal
myoclonus, and postherpetic neuralgia. See Petition (“Pet.”) at Preamble, ECF No. 1; Order (May
5, 2017), ECF No. 24. The information in the record, however, does not show entitlement to an
award under the Act.
1 This decision shall be posted 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). In accordance with Vaccine
Rule 18(b), a party has 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, the undersigned agrees
that the identified material fits within the requirements of that provision, such material will be
deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.
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Case 1:16-vv-00754-UNJ Document 41 Filed 11/14/17 Page 2 of 2
On October 18, 2017, Petitioner moved for a decision dismissing her claim. See Motion
to Dismiss (“Mot.”), ECF No. 35. In her Motion, Petitioner concedes that “[a]fter unsuccessful
attempts to obtain a favorable expert opinion, Petitioner, through her undersigned counsel,
request[s] that this Court issue a Decision dismissing this Petition.” Id. Petitioner filed this motion
without opposition from Respondent. See Informal Communication, docketed Oct. 18, 2017.
Thus, this matter is now ripe for decision.
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 vaccination, or 2) that she suffered an injury that was actually caused or significantly
aggravated by a vaccine. See §§ 13(a)(1)(A), 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 that Petitioner’s alleged injuries were caused or significantly
aggravated by her flu vaccination.
Under the Act, petitioners may not be given a Program award based solely on their claims
alone. Rather, the petition must be supported by medical records or the opinion of a competent
physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner’s claim,
and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must
be dismissed for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
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