VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00807
Package ID: USCOURTS-cofc-1_16-vv-00807
Petitioner: Sharlee Funai
Filed: 2016-04-25
Decided: 2017-05-25
Vaccine: influenza
Vaccination date: 2013-09-17
Condition: adverse effects
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Sharlee Funai filed a petition for compensation on April 25, 2017, alleging that the influenza vaccine she received on September 17, 2013, caused adverse effects. In an amended petition filed on August 19, 2016, she reiterated this claim. However, after investigating the facts and science, Ms. Funai concluded she could not prove entitlement to compensation under the National Vaccine Injury Compensation Program. She moved for a dismissal of her claim, which the respondent did not oppose. Special Master Herbrina Sanders noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor persuasive evidence that the alleged injury was caused by the vaccination. The public decision states that the medical records were insufficient, and no expert opinion was provided. Consequently, the case was dismissed for insufficient proof. The Clerk was directed to enter judgment accordingly.

Theory of causation field:
Petitioner Sharlee Funai alleged that an influenza vaccine received on September 17, 2013, caused adverse effects. The petition was filed on April 25, 2017, and amended on August 19, 2016. Petitioner later moved for dismissal, conceding inability to prove entitlement. Respondent did not oppose. Special Master Herbrina Sanders noted that entitlement requires proof of a Table Injury or actual causation. The record lacked evidence of a Table Injury and persuasive evidence of actual causation. Medical records were insufficient, and no expert opinion was provided. The case was dismissed for insufficient proof. Attorneys for Petitioner were Diana L. Stadelnikas and for Respondent was Alexis B. Babcock. Decision date was May 25, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00807-0
Date issued/filed: 2017-05-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/25/2017) regarding 26 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (azc) Copy to parties.
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Case 1:16-vv-00807-UNJ Document 27 Filed 05/25/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-807V
Filed: April 25, 2017
* * * * * * * * * * * * * *
SHARLEE FUNAI, *
*
Petitioner, * Special Master Sanders
*
v. *
* Dismissal; Influenza (“Flu”)
SECRETARY OF HEALTH * Vaccine; Adverse Effects.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Diana L. Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Alexis B. Babcock, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 7, 2016, Sharlee Funai (“Petitioner”) filed a petition for compensation in the
National Vaccine Injury Compensation Program [“the Program”].2 Pet. 1, ECF No. 1. In an
amended petition filed August 19, 2016, she alleged that the influenza (“flu”) vaccine she
received on September 17, 2013 caused “adverse effects.” Amend. Pet. 1, ECF No. 12. The
information in the record, however, does not show entitlement to an award under the Program.
On April 24, 2017, Petitioner moved for a decision dismissing her claim. Pet’r’s Mot.
Decision, ECF No. 25. Petitioner conceded that “[a]n investigation of the facts and science
supporting her case has demonstrated to Petitioner that she will be unable to prove that she is
entitled to compensation in the Vaccine Program.” Id. at 1. Petitioner filed this motion without
an objection from Respondent. Id. at 2.
1 This decision shall be posted on the website of the United States Court of Federal Claims, 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 (2012)). As provided by Vaccine Rule 18(b), each
party has 14 days within which to request redaction “of any information furnished by that party:
(1) that is a trade secret or commercial or financial in substance and is privileged or confidential;
or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereinafter,
for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of
42 U.S.C. § 300aa (2012).

Case 1:16-vv-00807-UNJ Document 27 Filed 05/25/17 Page 2 of 2
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 the vaccination, or 2) that she suffered an injury that was actually caused 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 her
alleged injury was caused by the influenza 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
2