Sherri Paige v. HHS - Influenza, transverse myelitis (2021)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Sherri Paige alleged transverse myelitis following an influenza vaccination. The vaccination date was disputed, with the Special Master finding November 11, 2015, to be the more likely date, rather than the alleged October 9, 2015. Petitioner subsequently filed a motion to dismiss her own petition, stating an inability to prove entitlement to compensation after investigating the facts and science. The public decision does not describe a specific medical theory of causation, expert testimony, or the mechanism of injury. The Special Master dismissed the petition for failure to establish a prima facie case, noting that the record evidence did not support the allegations by a preponderance of the evidence, and that allegations alone, unsubstantiated by medical records or opinion, are insufficient under the Vaccine Act. The case was dismissed without an award. Special Master Daniel T. Horner issued the decision on July 12, 2021. Petitioner was represented by Bridget Candace McCullough, and respondent by Mary Eileen Holmes.
Source PDFs
USCOURTS-cofc-1_18-vv-00627