VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00841
Package ID: USCOURTS-cofc-1_16-vv-00841
Petitioner: Kimberly Miller
Filed: 2016-07-18
Decided: 2017-06-07
Vaccine: trivalent influenza
Vaccination date: 2014-10-07
Condition: Guillain-Barré Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kimberly Miller filed a petition on July 18, 2016, alleging that she suffered injuries, including Guillain-Barré Syndrome (GBS), caused by a trivalent influenza vaccine she received on October 7, 2014. Petitioner was represented by Robert A. Tyler of the Tyler Law Firm, and the respondent was the Secretary of Health and Human Services, represented by Ryan D. Pyles of the United States Department of Justice. On May 9, 2017, Ms. Miller filed a motion to dismiss her petition, stating that an investigation of the facts and available science demonstrated she would be unable to prove entitlement to compensation. She understood that a dismissal would result in a decision against her but intended to preserve her rights to file a civil action in the future. Special Master Thomas L. Gowen issued a decision on May 10, 2017. To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the vaccination actually caused the injury. The Special Master found no evidence in the record of a "Table Injury." Furthermore, the record lacked persuasive evidence that the October 7, 2014, vaccine caused her alleged injuries. Medical records suggested her symptoms began before the vaccine and were more consistent with a rheumatologic condition like systemic lupus erythematosus (SLE) rather than GBS. Specifically, medical records from November 2014 indicated complaints of bilateral hand pain "going on for [the] last few months," which predated the vaccine, and characterized the pain as "chronic [and] recurring." The decision noted that under the Vaccine Act, claims must be supported by medical records or a competent physician's opinion, neither of which was sufficiently provided in this case. Consequently, the Special Master determined that Ms. Miller failed to demonstrate entitlement to compensation and dismissed the case for insufficient proof. Judgment was entered accordingly.

Theory of causation field:
Petitioner Kimberly Miller alleged that a trivalent influenza vaccine administered on October 7, 2014, caused Guillain-Barré Syndrome (GBS). Petitioner later moved for dismissal, stating an inability to prove entitlement to compensation after investigating the facts and science. Special Master Thomas L. Gowen dismissed the case on May 10, 2017. The decision found no evidence of a "Table Injury" and insufficient evidence that the vaccine actually caused the alleged injuries. Medical records suggested symptom onset predated the vaccination, with complaints of bilateral hand pain occurring for months prior and characterized as chronic and recurring. The condition was deemed more consistent with a rheumatologic condition like lupus than GBS. The petition lacked sufficient supporting medical records or a physician's opinion, failing to meet the requirements of the National Vaccine Injury Compensation Program. Petitioner was represented by Robert A. Tyler, and respondent was represented by Ryan D. Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00841-0
Date issued/filed: 2017-06-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/10/2017) regarding 31 DECISION of Special Master ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:16-vv-00841-UNJ Document 32 Filed 06/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 10, 2017
* * * * * * * * * * * * *
KIMBERLY MILLER, * UNPUBLISHED
*
Petitioner, * No. 16-841V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Petitioner’s Motion for Dismissal;
AND HUMAN SERVICES, * Trivalent Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * *
Robert A. Tyler, Tyler Law Firm, Troy, MI, for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC for respondent.
DECISION1
On July 18, 2016, Kimberly Miller (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 Petitioner alleged that she suffered injuries including
Guillain-Barré Syndrome (“GBS”) that were caused-in-fact by a trivalent influenza (“flu”)
vaccine received on October 7, 2014. Petition at 1.
On May 9, 2017, petitioner filed a motion for a decision dismissing her petition.
Petitioner’s Motion (ECF No. 30). The motion provided that “[a]n investigation of the facts and
available science supporting her case has demonstrated to the petitioner that she will be unable to
presently prove that she is entitled to compensation in the Vaccine Program.” Petitioner’s
Motion at ¶ 1. Petitioner understands that a decision by the special master dismissing her
petitioner will result in a decision against her. Id. at ¶ 3. Petitioner intends to protect her rights
to file a civil action in the future. Id. at ¶ 5.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post this 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). In accordance with Vaccine Rule 18(b), petitioner 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, 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, 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.

Case 1:16-vv-00841-UNJ Document 32 Filed 06/07/17 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 the vaccination.
See §§ 13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover evidence that
petitioner suffered a “Table Injury,” and the record does not contain any persuasive evidence
indicating that her alleged injuries were caused by the October 7, 2014, vaccine. Based on the
medical records and respondent’s Rule 4(c) report, petitioner’s condition does not resemble
GBS, but rather a rheumatologic condition such as systemic lupus erythematosus (“SLE”). In
addition, the medical records most contemporaneous with the vaccine suggest that her symptoms
began before the vaccine. On November 10, 2014, petitioner complained of bilateral hand pain
“going on for [the] last few months,” which would predate the vaccine. Petitioner’s Exhibit 10 at
75. Additionally, on November 19, 2014, petitioner characterized her bilateral hand pain as
“chronic [and] recurring.” Id. at 72. These records do not seem to support petitioner’s claim that
the vaccine caused her injuries.
Under the Vaccine Act, petitioner may not be given a Program award based 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, there are insufficient medical
records supporting petitioner’s claim, and petitioner has not offered a medical opinion in support.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that she suffered a “Table Injury” or that the injuries were “actually caused”
by the October 7, 2014, vaccine. Thus, this case is dismissed for insufficient proof. The
Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
/Thomas L. Gowen
Thomas L. Gowen
Special Master