VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01372
Package ID: USCOURTS-cofc-1_17-vv-01372
Petitioner: Laura Weishaar
Filed: 2017-09-28
Decided: 2018-07-03
Vaccine: influenza
Vaccination date: 2014-09-10
Condition: demyelinating polyneuropathy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Laura Weishaar, acting as the natural daughter of Loretta Nordtvedt and on behalf of the Estate of Loretta Nordtvedt, filed a petition on September 28, 2017, under the National Vaccine Injury Compensation Program. The petition alleged that Loretta Nordtvedt suffered a demyelinating polyneuropathy and subsequently died as a result of an influenza vaccine administered on September 10, 2014. Petitioner's counsel was Danielle A. Strait of Maglio, Christopher & Toale. Respondent's counsel was Darryl R. Wishard of the United States Department of Justice. On June 4, 2018, Petitioner moved for a Decision Denying Compensation, conceding that she would be unable to prove entitlement to compensation under the Program. Respondent did not object to this motion. Special Master Herbrina Sanders noted that to receive compensation, a petitioner must prove either a Table Injury or that the injury and death were actually caused by the vaccine. The public decision states that an examination of the record did not uncover evidence of a Table Injury. Furthermore, the record lacked persuasive evidence that the alleged injury and death were caused by the flu vaccine. The decision emphasized that awards cannot be based solely on claims; they must be supported by medical records or a competent physician's opinion. In this case, the medical records were deemed insufficient to prove the claim, and no expert opinion was provided. Consequently, Special Master Sanders dismissed the case for insufficient proof and directed the Clerk to enter judgment accordingly. The decision was issued on July 3, 2018.

Theory of causation field:
Petitioner Laura Weishaar, on behalf of the Estate of Loretta Nordtvedt, alleged that Loretta Nordtvedt suffered a demyelinating polyneuropathy and died as a result of an influenza vaccine received on September 10, 2014. Petitioner later moved for a decision denying compensation, conceding the inability to prove entitlement under the National Vaccine Injury Compensation Program. Respondent did not object. Special Master Herbrina Sanders noted that entitlement requires proof of a Table Injury or actual causation by the vaccine. The public decision found the medical records insufficient to prove a Table Injury or actual causation, and no expert opinion was provided. The case was dismissed for insufficient proof. Attorneys for Petitioner were Danielle A. Strait and for Respondent was Darryl R. Wishard. The decision date was July 3, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01372-0
Date issued/filed: 2018-07-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/05/2018) regarding 25 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (kel) Service on parties made.
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Case 1:17-vv-01372-UNJ Document 26 Filed 07/03/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 5, 2018
* * * * * * * * * * * * * * * *
LAURA WEISHAAR, natural daughter of *
Loretta Nordtvedt and on behalf of the *
ESTATE OF LORETTA NORDTVEDT, *
* No. 17-1372V
Petitioner, * Special Master Sanders
*
v. * Dismissal; Insufficient Proof;
* Influenza (“flu”) Vaccine;
SECRETARY OF HEALTH * Demyelinating Polyneuropathy;
AND HUMAN SERVICES, * Death
*
Respondent. *
* * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio, Christopher & Toale, Seattle, WA, for Petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 28, 2017, Laura Weishaar, natural daughter of Loretta Nordtvedt and on
behalf of the Estate of Loretta Nordtvedt, (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program (“Vaccine Program”).2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that her mother suffered from “a demyelinating polyneuropathy,” and
ultimately died, as a result of an influenza (“flu”) vaccination she received on September 10, 2014.
Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an
award under the Program.
1 This decision shall be posted 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), a party 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, the undersigned agrees
that the identified material fits within the requirements of that provision, such material will be
deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereinafter,
for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of
42 U.S.C. § 300aa (2012).
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Case 1:17-vv-01372-UNJ Document 26 Filed 07/03/18 Page 2 of 2
On June 4, 2018, Petitioner moved for a Decision Denying Compensation. ECF No. 23.
In her Motion, Petitioner conceded that “[a]n investigation of the facts and science supporting this
case demonstrated to Petitioner that she will be unable to prove that this claim is entitled to
compensation in the Vaccine Program.” Id. at 1. Respondent did not object to Petitioner’s Motion.
Id. at 2.
To receive compensation under the Program, Petitioner must prove either (1) that her
mother suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—
corresponding to the vaccination, or (2) that her mother suffered an injury that was actually caused
by a vaccine. See §§ 13(a)(1)(A), 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 that Petitioner’s alleged injury and/or death was caused by the flu vaccine.
Under the Act, petitioners may not be given a Program award based solely on their claims
alone. Rather, the petition must be supported by medical records or the opinion of a competent
physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner’s claim,
and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must
be dismissed for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2