VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01528
Package ID: USCOURTS-cofc-1_18-vv-01528
Petitioner: Dionni De La Cruz
Filed: 2018-10-02
Decided: 2018-10-05
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: Guillain-Barre Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On October 2, 2018, Dionni De La Cruz, proceeding pro se, filed a second petition alleging that a trivalent influenza vaccine she received on October 2, 2015, caused her Guillain-Barre Syndrome (GBS). She also alleged significant aggravation in the alternative. This petition followed a prior case, civil number 17-783V, filed on June 12, 2017, for the same vaccine administration and alleged injury, in which Ms. De La Cruz was represented by counsel. In the first case, Ms. De La Cruz filed a Motion for a Decision Dismissing her Petition on January 23, 2018, stating she would be unable to prove entitlement to compensation and that further proceedings would be unreasonable and wasteful. The Special Master granted this motion, and the case was dismissed, with judgment entered on February 14, 2018. In the second petition, Ms. De La Cruz again alleged that the flu vaccine administered on October 2, 2015, caused her GBS. The respondent was the Secretary of Health and Human Services, represented by Heather L. Pearlman. The Special Master, Laura D. Millman, dismissed the second petition based on 42 U.S.C. § 300aa-11(b)(2) of the Vaccine Act, which states that only one petition may be filed with respect to each administration of a vaccine. The Special Master noted that Ms. De La Cruz had previously filed a petition for the same vaccine administration and injury. The deadline for the respondent to file a Rule 4(c) Report was canceled, and the petition was dismissed. Judgment was directed to be entered. The public decision was reissued for publication on December 3, 2018, with the original filing date of October 5, 2018. The petitioner was represented by Dionni De La Cruz pro se.

Theory of causation field:
Petitioner Dionni De La Cruz alleged that a trivalent influenza vaccine administered on October 2, 2015, caused her Guillain-Barre Syndrome (GBS) or significantly aggravated a pre-existing condition. This was the second petition filed for the same vaccine administration and alleged injury; the first petition (Case No. 17-783V) was dismissed on January 23, 2018, upon petitioner's motion, as she stated she could not prove entitlement to compensation. The second petition, filed on October 2, 2018, was dismissed by Special Master Laura D. Millman because the Vaccine Act (42 U.S.C. § 300aa-11(b)(2)) permits only one petition per vaccine administration. The public decision does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or the mechanism of causation. No experts were named in the public decision. The case was dismissed without an award due to the statutory prohibition against filing multiple petitions for the same vaccine administration. Petitioner was represented pro se, and respondent was represented by Heather L. Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01528-0
Date issued/filed: 2018-12-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/5/2018) regarding 7 DECISION of Special Master. Signed by Special Master Laura D. Millman. (fm) Service on parties made.
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Case 1:18-vv-01528-UNJ Document 9 Filed 12/03/18 Page 1 of 2
REISSUED FOR PUBLICATION
DEC 3 2018
OSM
U.S. COURT OF FEDERAL CLAIMS
3Jn tbe mtntteb $tate% <!Court of jfeberal <!Claim%
OFFICE OF SPECIAL MASTERS
No. 18-1528V
Filed: October 5, 2018
Not to be Published.
*************************************
DIONNI DE LA CRUZ, *
*
Petitioner, *
* Influenza ("flu") vaccine; GBS;
V. * more than two-month onset;
* petitioner filed twice for same
SECRETARY OF HEALTH * vaccination; dismissed.
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Dionni De La Cruz, Houston, TX, for petitioner pro se.
Heather L. Pearlman, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
On June 12, 2017, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that trivalent influenza ("flu") vaccine which she
received on October 2, 20152 caused her Guillain-Barre Syndrome ("GBS"). Pet. at ,r,r 1 and 4.
,r
In the alternative, she alleged significant aggravation. Id. at 8. The civil number was 17-783V.
Petitioner was represented by counsel in this first suit.
1 Because this unpublished decision contains a reasoned explanation for the special master's action in this
case, the special master intends to post this unpublished decision 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). This means the decision will
be available to anyone with access to the internet. Vaccine Rule 18(6) states that all decisions of the
special masters will be made available to the public unless they contain trade secrets or commercial or
financial information that is privileged and confidential, or medical or similar info1mation whose
disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed,
petitioner has 14 days to identify and move to redact such information prior to the document's disclosure.
If the special master, upon review, agrees that the identified material fits within the banned categories
listed above, the special master shall redact such material from public access.
2 Petitioner also alleged she received quadrivalent flu vaccine on October 20, 2015, but the medical
,r
records show she did not. Pet. at I; Med. recs. Ex. 2, at 114, 143, 207.

Case 1:18-vv-01528-UNJ Document 9 Filed 12/03/18 Page 2 of 2
On January 23, 2018, petitioner filed a Motion for a Decision Dismissing her Petition.
She states that "she will be unable to prove that she is entitled to compensation in the Vaccine
Program" and that "to proceed further would be unreasonable and would waste the resources" of
the court, respondent, and the Vaccine Program. Pet'r's Mot. at 1.
The undersigned granted petitioner's Motion for a Decision Dismissing her Petition and
dismissed this case on January 23, 2018. Judgment entered on February 14, 2018, dismissing the
case.
On October 2, 2018, petitioner prose filed a second petition for the administration of the
same vaccine and for the same vaccine injury. She again alleges that flu vaccine she received on
,r,r
October 2, 2015 caused her OBS. Pet. at 1, 2.
The Vaccine Act, 42 U.S.C. § 300aa-l l(b)(2), states:
Only one petition may be filed with respect to each administration
of a vaccine.
The undersigned DISMISSES the petition because petitioner filed a second petition for
the same administration of vaccine as in her first petition. The undersigned cancels the deadline
for respondent to file a Rule 4(c ) Report by December 31, 2018.
CONCLUSION
The petition is DISMISSED. In the absence of a motion for review filed pursuant to
3
RCFC Appendix B, the Clerk of Court is directed to enter judgment herewith.
IT IS SO ORDERED.
Dated: October 5, 2018
Laura D. Millman
Special Master
3 Pursuant to Vaccine Rule I !(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2