VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01563
Package ID: USCOURTS-cofc-1_16-vv-01563
Petitioner: Valerie W. Alexander
Filed: 2016-11-22
Decided: 2017-04-14
Vaccine: influenza
Vaccination date: 2013-11-29
Condition: Guillain-Barré syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Valerie W. Alexander filed a petition on November 22, 2016, alleging that an influenza vaccine received on November 29, 2013, caused her to develop Guillain-Barré syndrome (GBS). The petition was filed pursuant to the National Vaccine Injury Compensation Program. Ms. Alexander later filed a motion for a decision dismissing her petition on April 13, 2017, stating that an investigation of the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation. She understood that a dismissal would result in a judgment against her, ending her rights in the Vaccine Program, and she did not intend to file a future civil action. The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" corresponding to the vaccination or that the vaccination actually caused the injury. The medical records indicated that Ms. Alexander did not seek medical attention until September 2014, with symptom onset approximately one week earlier, about 10 months after vaccination. This timing presented a significant challenge to her case, especially as her affidavit suggested onset approximately two months after vaccination, which appeared inconsistent with other records. The Special Master encouraged petitioner's counsel to consider whether the case should proceed. Based on the investigation of the facts and science, Ms. Alexander concluded she could not prove entitlement. The Special Master found that the record lacked evidence of a "Table Injury" and persuasive evidence that the flu vaccination actually caused her alleged injuries. Consequently, the case was dismissed for insufficient proof. The Clerk of the Court was directed to enter judgment accordingly. Special Master Thomas L. Gowen issued the decision on April 14, 2017. Wade H. Abed of Knutson & Casey Law Firm represented the petitioner, and Sarah C. Duncan of the United States Department of Justice represented the respondent.

Theory of causation field:
Petitioner Valerie W. Alexander alleged that an influenza vaccine administered on November 29, 2013, caused her to develop Guillain-Barré syndrome (GBS). The public decision does not describe the specific onset of symptoms, medical records, or expert testimony regarding the mechanism of injury. However, the Special Master noted that medical records indicated symptom onset approximately 10 months after vaccination, which was inconsistent with petitioner's affidavit suggesting onset approximately two months after vaccination. The Special Master found no evidence of a "Table Injury" and insufficient proof that the vaccination actually caused the alleged GBS. Petitioner subsequently moved to dismiss her petition, acknowledging an inability to prove entitlement. The case was dismissed for insufficient proof by Special Master Thomas L. Gowen on April 14, 2017. Petitioner's counsel was Wade H. Abed, and respondent's counsel was Sarah C. Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01563-0
Date issued/filed: 2017-05-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/14/2017) regarding 12 DECISION of Special Master ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:16-vv-01563-UNJ Document 13 Filed 05/15/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 14, 2017
* * * * * * * * * * * * *
VALERIE W. ALEXANDER, *
*
Petitioner, * 16-1563V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Dismissal Decision;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * *
Wade H. Abed, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Sarah C. Duncan, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On November 22, 2016, Valerie W. Alexander (“petitioner”), filed a petition pursuant to
the National Vaccine Injury Compensation Program.2 Petition (“Pet.”), ECF No. 1. the petition
alleges that as a result of an influenza (“flu”) vaccination received on November 29, 2013, she
developed Guillain-Barré syndrome (“GBS”). Pet. at 1-3.
On April 13, 2017, petition filed a motion for a decision dismissing her petition. Motion
(“Mot.”) for Decision, ECF No. 11. The motion provides: “an 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.” Mot. for Decision at 1. Petitioner
understands that a decision by a special master dismissing her petitioner will result in a judgment
against her, which will end all of her rights in the Vaccine Program. Id. Petitioner does not intend
to file a civil action in the future.
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-01563-UNJ Document 13 Filed 05/15/17 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 petitioner’s alleged injuries were caused by the flu vaccination.
Under the Vaccine Act, petitioner may not be found entitled to compensation based solely
on her own claims. In this case, petitioner alleges that she developed GBS as a result of a flu
vaccine. During the initial status conference on March 15, 2017, the undersigned discussed a
number of issues in the case based on the medical records filed to date. Scheduling Order issued
on March 16, 2017, ECF No. 10. Namely, petitioner received the flu vaccine on November 29,
2013, and did not seek medical attention until September 2014. Those medical records indicate
that the onset of her symptoms was approximately one week earlier, which was approximately 10
months after the vaccination. This creates a major challenge to petitioner’s case. Furthermore, her
affidavit indicating onset “approximately two months” after the vaccination appears inconsistent
with multiple records. Accordingly, the undersigned encouraged petitioner’s counsel to give
serious consideration as to whether the case should proceed. Based on an investigation of the facts
and the science relevant to her claim, petitioner has concluded that she will be unable to prove that
she is entitled to compensation in the Vaccine Program. Mot. for Decision at 1.
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 her injuries were “actually caused” by the
November 29, 2014, vaccination.
Thus, this case is dismissed for insufficient proof. The Clerk of the Court shall enter
judgment accordingly.
IT IS SO ORDERED.
/Thomas L. Gowen
Thomas L. Gowen
Special Master
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