VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01297
Package ID: USCOURTS-cofc-1_18-vv-01297
Petitioner: Ursula Hallvik
Filed: 2018-08-27
Decided: 2020-03-09
Vaccine: influenza
Vaccination date: 2016-10-03
Condition: peripheral neuropathy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Ursula Hallvik filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2018, alleging she suffered peripheral neuropathy as a result of an influenza vaccination received on October 3, 2016. After filing the petition and submitting medical records, Respondent filed a report contesting entitlement. Petitioner initially indicated an intent to file an expert report but later informed the court that she was unable to find an expert. Subsequently, Petitioner moved to dismiss her own claim, stating that experts had demonstrated she would be unable to prove entitlement to compensation. The court noted that a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that claims require supporting medical records or expert opinion. As there was insufficient evidence in the record, the court dismissed the case for insufficient proof in accordance with Petitioner's motion.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01297-0
Date issued/filed: 2020-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/28/2020) regarding 31 DECISION of Special Master. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01297-UNJ Document 33 Filed 03/09/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1297V
(Unpublished)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
URSULA HALLVIK
*
* Special Master Katherine E. Oler
Petitioner, *
*
v. Filed: January 28, 2020
*
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, * Petitioner’s Motion for a Decision;
*
Dismissal of Petition; Vaccine Act.
*
Respondent.
*
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Shealene Mancuso, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
On August 27, 2018, Ursula Hallvik (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program,2 alleging that she suffered peripheral
neuropathy as a result of the influenza (“flu”) vaccination she received on October 3, 2016. Pet.,
ECF No. 1. Petitioner filed a statement of completion on August 30, 2018. ECF No. 6. Petitioner
filed additional medical records on May 20, 2019, June 27, 2019, August 12, 2019, and September
12, 2019. See ECF Nos. 15, 17, 22, 25.
On August 30, 2019, Respondent filed a Rule 4(c) Report contesting Petitioner’s right to
damages and requesting the dismissal of the claim. ECF No. 24. On November 22, 2019,
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided
by 42 U.S.C. § 300aa-12(d)(4)(B), 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 Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine
Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that
statutory prefix).

Case 1:18-vv-01297-UNJ Document 33 Filed 03/09/20 Page 2 of 2
Petitioner filed a status report expressing her intent to file an expert report in 60 days. On January
21, 2020, Petitioner filed a status report informing the Court that she was unable to find an expert.
ECF No. 28.
Petitioner filed a motion to dismiss her claim on January 24, 2020, indicating that “[a]n
investigation of the facts and science by a number of experts in peripheral neuropathy has
demonstrated to petitioner that she will be unable to prove that she is entitled to compensation in
the Vaccine Program.” Pet’r’s Mot., ECF No. 30 at 1.
To receive compensation under the Vaccine Program, a 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). Moreover, under the Vaccine Act, a petitioner may not
receive a Vaccine Program award based solely on her claims alone. Rather, the petition must be
supported by either medical records or by the opinion of a competent medical expert. § 13(a)(1).
In this case, however, there is insufficient evidence in the record for Petitioner to meet her burden
of proof. Petitioner’s claim therefore cannot succeed and, in accordance with her motion, must be
dismissed. § 11(c)(1)(A).
Thus, this case is DISMISSED for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
2