Kathleen Kunka v. HHS - Influenza, peripheral neuropathy (2017)

Kathleen Kunka filed a petition on July 27, 2016, alleging that she suffered peripheral neuropathy as a result of receiving a flu vaccine on September 28, 2013. The respondent was the Secretary of Health and Human Services.

On November 28, 2016, Ms. Kunka moved for a dismissal decision, which the respondent did not oppose.

To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate residual effects of a vaccine injury lasting more than six months after vaccination, prove a "Table Injury" listed in the Vaccine Injury Table, or establish that the vaccination actually caused the injury. The record in this case did not establish that Ms.

Kunka experienced residual effects for six months following the vaccination. Furthermore, the record did not contain evidence of a "Table Injury," nor did Ms.

Kunka allege such an injury. The petition also lacked persuasive evidence indicating that the flu vaccine actually caused her alleged peripheral neuropathy.

The Vaccine Act requires that claims be supported by medical records or the opinion of a competent physician. In this instance, the medical records were insufficient, and Ms.

Kunka offered no supporting medical opinion. Special Master Thomas L.

Gowen issued a decision on January 5, 2017, dismissing the case for insufficient proof, as Ms. Kunka failed to demonstrate residual effects for six months, a "Table Injury," or that the injury was actually caused by the flu vaccination.

Howard D. Mishkind represented the petitioner, and Jennifer L.

Reynaud represented the respondent. The decision was not to be published.