VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00908
Package ID: USCOURTS-cofc-1_17-vv-00908
Petitioner: Patricia Woolf
Filed: 2017-07-05
Decided: 2018-11-05
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Patricia Woolf filed a petition for vaccine compensation on July 5, 2017, alleging that an influenza vaccine caused her to develop Guillain-Barre Syndrome (GBS). The record did not contain sufficient evidence to demonstrate entitlement to an award. Specifically, the petitioner did not show that she suffered a "Table Injury" or that her injury was actually caused by the vaccine. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The petition lacked supporting medical records or a competent physician's opinion. Petitioner's counsel was Richard Gage, Esq., and respondent's counsel was Darryl Wishard, Esq. On October 5, 2018, the petitioner requested a dismissal decision. Special Master Mindy Michaels Roth issued a decision on November 5, 2018, dismissing the case for insufficient proof. The public decision does not specify an award amount or annuity terms.

Theory of causation field:
Petitioner Patricia Woolf alleged that an influenza vaccine caused her to develop Guillain-Barre Syndrome (GBS). The Special Master noted that to receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injury was vaccine-caused. The petition lacked supporting medical records or a competent physician's opinion. Petitioner requested a dismissal decision, and Special Master Mindy Michaels Roth dismissed the case on November 5, 2018, for insufficient proof. Petitioner's counsel was Richard Gage, Esq., and respondent's counsel was Darryl Wishard, Esq. The public decision does not describe the specific vaccine date, petitioner's age at vaccination, the mechanism of causation, or expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00908-0
Date issued/filed: 2018-11-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/9/2018) regarding 28 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:17-vv-00908-UNJ Document 29 Filed 11/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-908V
Filed: October 9, 2018
* * * * * * * * * * * * * *
PATRICIA WOOLF, * UNPUBLISHED
*
Petitioner, * Dismissal; Influenza (“Flu”) Vaccine;
* Guillain-Barre Syndrome (“GBS”).
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Richard Gage, Esq., Richard Gage, P.C., Cheyenne, WY, for petitioner.
Darryl Wishard, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On July 5, 2017, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that an influenza vaccine caused
her to develop Guillain-Barre Syndrome (“GBS”). The information in the record, however, does
not show entitlement to an award under the Program. On October 5, 2018, petitioner filed a Status
Report requesting a dismissal decision. ECF No. 27.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen 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). Otherwise, the whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 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 1:17-vv-00908-UNJ Document 29 Filed 11/05/18 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 her vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 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
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely 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, because there are insufficient medical records
supporting petitioner’s claim, a medical opinion must be offered in support. Petitioner, however,
has offered no such opinion that supports a finding of entitlement.
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 a
vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2