VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00354
Package ID: USCOURTS-cofc-1_18-vv-00354
Petitioner: Cheryl Doster-Anderson
Filed: 2018-03-07
Decided: 2019-04-16
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Cheryl Doster-Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program on March 7, 2018, alleging that an influenza vaccine caused her to develop Guillain-Barré Syndrome (GBS). The respondent was the Secretary of Health and Human Services. Bridget McCullough, Esq., represented the petitioner, and Jay All, Esq., represented the respondent. Special Master Mindy Michaels Roth issued the decision on April 16, 2019. The public decision states that the information in the record did not demonstrate entitlement to an award. To receive compensation, a petitioner must prove either a "Table Injury" (an injury listed on the Vaccine Injury Table) corresponding to the vaccination or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that the petitioner's alleged GBS was vaccine-caused or vaccine-related. The Act requires petitions to be supported by medical records or the opinion of a competent physician. In this case, the record did not contain sufficient medical records supporting the claim, and the petitioner offered no medical opinion supporting a finding of entitlement. Consequently, Special Master Roth determined that the petitioner failed to demonstrate entitlement to an award and dismissed the case for insufficient proof. The decision was unpublished but posted on the Court of Federal Claims' website.

Theory of causation field:
Petitioner Cheryl Doster-Anderson alleged that an influenza vaccine caused her Guillain-Barré Syndrome (GBS). The petition was filed on March 7, 2018. The Special Master found no evidence of a "Table Injury" or that the GBS was actually caused by the vaccine. The record lacked sufficient medical records or a competent physician's opinion to support the claim. The case was dismissed for insufficient proof by Special Master Mindy Michaels Roth on April 16, 2019. Petitioner's counsel was Bridget McCullough, Esq., and respondent's counsel was Jay All, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00354-0
Date issued/filed: 2019-04-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/22/2019) regarding 19 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:18-vv-00354-UNJ Document 20 Filed 04/16/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-354V
Filed: March 22, 2019
* * * * * * * * * * * * * *
CHERYL DOSTER-ANDERSON, * UNPUBLISHED
*
Petitioner, * Dismissal; Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Bridget McCullough, Esq., Muller Brazil, LLP, Dresher, PA, for petitioner.
Jay All, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On March 7, 2018, 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-Barré syndrome (“GBS”). The information in the record, however, does
not show entitlement to an award under the Program. On March 22, 2019, petitioner filed a motion
requesting a dismissal decision. ECF No. 18.
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 1:18-vv-00354-UNJ Document 20 Filed 04/16/19 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