Tara Scherner De La Fuente v. HHS - Tdap, Parsonage-Turner Syndrome and Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Tara Scherner De La Fuente filed a petition for vaccine compensation on November 2, 2018, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination caused her to develop Parsonage-Turner Syndrome. Alternatively, she alleged a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a report arguing that the medical records did not support a Table injury for either condition and that there was insufficient evidence to prove the injuries were vaccine-caused. The Special Master noted that to receive compensation, the petitioner must prove either a "Table Injury" (an injury listed on the Vaccine Injury Table) corresponding to her vaccination or that her injury was actually caused by a vaccine.

The public decision does not describe the onset or specific symptoms of the alleged injuries, nor does it mention any medical records or diagnostic tests submitted by the petitioner. The Special Master found no evidence in the record of a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that the alleged injury was vaccine-caused or vaccine-related.

The Act requires that a petition be supported by medical records or the opinion of a competent physician, and the petitioner had not offered a competent medical opinion to support her claim. On October 22, 2020, the petitioner filed a Motion to Voluntarily Dismiss, stating she understood a decision dismissing her petition would result in a judgment against her.

The Special Master interpreted this as a request for dismissal under Vaccine Rule 21(b), which results in an entry of judgment. The case was dismissed for insufficient proof, as the petitioner failed to demonstrate either a "Table Injury" or that her injuries were "actually caused" by the vaccination.

Judgment was to be entered accordingly. The Special Master was Mindy Michaels Roth.

Petitioner's counsel was Douglas Burdette, Esq., and respondent's counsel was Alexis Babcock, Esq. The decision was unpublished but posted on the Court of Federal Claims' website.