Sherri Paige v. HHS - Influenza, transverse myelitis (2021)

Sherri Paige filed a claim on May 5, 2018, alleging she suffered transverse myelitis as a result of receiving an influenza vaccination. Initially, she alleged the vaccination occurred on October 9, 2015.

The respondent filed a report recommending against compensation. Due to conflicting records and testimony regarding the vaccination date, the Special Master issued a finding of fact on April 12, 2021, determining that Ms.

Paige more likely than not received her flu vaccination on November 11, 2015. On June 10, 2021, Ms.

Paige filed a Motion for a Decision Dismissing her Petition, stating that an investigation of the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable and a waste of resources. She understood that a dismissal would result in a judgment against her, ending all her rights in the Vaccine Program, but that she could apply for costs once judgment was entered.

To receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a covered vaccine. Proving causation requires demonstrating a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship.

The Special Master noted that the Vaccine Act prohibits ruling for a petitioner based solely on allegations unsubstantiated by medical records or opinion. Finding that the record evidence did not support Ms.

Paige's allegations by a preponderance of the evidence, the Special Master granted her motion, dismissing the petition for failure to establish a prima facie case of entitlement to compensation. The clerk was directed to enter judgment accordingly.

Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Mary Eileen Holmes of the U.S. Department of Justice.

Special Master Daniel T. Horner issued the decision.