Katharine Gmuer v. HHS - Influenza, various behavioral problems (2017)

Katharine Gmuer, as parent and natural guardian of T.G., a minor, filed a petition on October 26, 2016, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the Influenza, Hepatitis A, DTaP, and Varicella vaccinations received by T.G. in November 2013, December 2013, and April 2015 caused various behavioral problems and other injuries.

After initial filings and the respondent filing a report contesting entitlement, Special Master Brian H. Corcoran noted significant gaps in the medical records.

Specifically, the Special Master observed that T.G. complained of stomach problems, nasal congestion, and eye discharge following the November 11, 2013 vaccinations, but office notes from a December 26, 2013 visit did not mention any behavioral problems. Behavioral issues were not noted until nearly a year later, in April 2015.

The Special Master directed the petitioner to obtain an expert to support causation and file a status report better explaining the claim and setting forth a sufficient medical theory linking the alleged injuries to the vaccinations. On August 31, 2017, the petitioner reported being unable to find an expert willing to support causation in the case and requested additional time to conclude the case.

Subsequently, the petitioner filed a motion to dismiss, stating that she could not establish entitlement. The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine.

The Special Master found no evidence in the record that T.G. suffered a Table injury. Furthermore, the petition lacked the required medical records or expert opinion to establish a causal link between the vaccinations and the alleged injuries.

Consequently, the Special Master dismissed the case for insufficient proof. The decision was issued by Special Master Brian H.

Corcoran on November 14, 2017.