VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01859
Package ID: USCOURTS-cofc-1_18-vv-01859
Petitioner: Richard Calvin
Filed: 2018-12-04
Decided: 2019-06-13
Vaccine: influenza
Vaccination date: 2017-10-03
Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On December 4, 2018, Bonnie Calvin, proceeding pro se, filed a petition under the National Vaccine Injury Compensation Program on behalf of her deceased spouse, Richard Calvin. She alleged that Mr. Calvin suffered from Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) which resulted in his death, and that this condition was caused by an influenza vaccine he received on October 3, 2017. Respondent was the Secretary of Health and Human Services, represented by Mallari Browne Openchowski of the U.S. Department of Justice. Special Master Herbrina Sanders presided over the case. The public decision, reissued for publication on June 13, 2019, noted that the information in the record did not demonstrate entitlement to an award under the Program. To qualify for compensation, a petitioner must prove either a "Table Injury" corresponding to the vaccine or that the injury was actually caused by the vaccine, supported by medical records or a competent physician's opinion. The Special Master found that the record did not contain evidence of a "Table Injury." Furthermore, the medical records did not support the claim that the influenza vaccine caused Mr. Calvin's alleged injury, and no expert witness opinion was filed. Consequently, the case was dismissed for insufficient proof. On March 18, 2019, Bonnie Calvin submitted a letter to the Special Master requesting the dismissal of her petition, stating her wish to withdraw from the litigation for vaccine injury compensation on behalf of her husband's wrongful death. The Clerk of Court was directed to enter judgment accordingly.

Theory of causation field:
Petitioner Bonnie Calvin alleged that her spouse, Richard Calvin, suffered from Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) resulting in death, caused by an influenza vaccine received on October 3, 2017. The petition was filed on December 4, 2018. Respondent was the Secretary of Health and Human Services. Special Master Herbrina Sanders issued a decision on June 13, 2019, dismissing the case for insufficient proof. The public decision stated that the record did not contain evidence of a "Table Injury" or a competent physician's opinion linking the flu vaccine to Mr. Calvin's alleged injury. Petitioner subsequently requested withdrawal from the litigation. No specific medical records, expert testimony, or detailed clinical information regarding onset, symptoms, tests, or treatments were described in the public decision. The case was dismissed because the petitioner failed to meet the burden of proof required under the National Vaccine Injury Compensation Program, specifically the lack of evidence supporting a Table Injury or a vaccine-caused injury, and the absence of a supportive expert opinion. Petitioner was represented by Bonnie Calvin (pro se), and Respondent by Mallari Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01859-0
Date issued/filed: 2019-06-13
Pages: 2
Docket text: corrected PDF) (ypb).PUBLIC DECISION (Originally filed: 3/20/2019) regarding 13 DECISION of Special Master Signed by Special Master Herbrina Sanders. (ypb) Service on parties made. (Main Document 15 replaced on 6/13/2019 to attach
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Case 1:18-vv-01859-UNJ Document 15 Filed 06/13/19 Page 1 of 2
REISSUED FOR PUBLICATION
JUNE 13, 2019
OSM
U.S. COURT OF FEDERAL CLAIMS
3Jn tbe Wntteb $)tates QCourt of jfe beral QCiatms
OFFICE OF SPECIAL MASTERS
Filed: March 20, 2019
* * * * * * * * * * * * * * *
BONNIE CAL VIN, for spouse, * No. 18-1859V
RICHARD CAL VIN, deceased *
*
Petitioner, * Special Master Sanders
*
V. *
*
SECRETARY OF HEAL TH * Dismissal; Insufficient Proof; influenza
AND HUMAN SERVICES, * ("flu") vaccine; Chronic Inflammatory
* Demyelinating Polyneuropathy ("CIDP");
Respondent. * Death.
* * * * * * * * * * * * * * *
Bonnie Calvin, prose, Marco Island, FL.
Mallari Browne Openchowski, U.S. Department of Justice, Washington, D.C., for Respondent.
DECISION1
On December 4, 2018, Bonnie Calvin ("Petitioner") filed a petition pursuant to the
National Vaccine Injury Compensation Program ("Vaccine Program") on behalf of her spouse
Richard Calvin, deceased.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that Mr.
Calvin suffered from Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") that
resulted in his death because of the influenza ("flu") vaccine he received on October 3, 2017.
Pet., ECF No. 1. The information in the record, however, does not show entitlement to an award
under the Program.
On March 18, 2019, Petitioner submitted a letter requesting that the undersigned dismiss
her petition. ECF No. 12. In her letter, Petitioner explained that she wishes to "withdraw[] from
1 This decision shall be posted on the website of the United States Cow1 of Federal Claims, in accordance
with the £-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as
amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with
access to the Internet. As provided by Vaccine Rule l 8(b ), each pa11y has 14 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).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, the undersigned agrees that the identified material fits within the requirements
of that provision, such material will be withheld from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all "§" references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:18-vv-01859-UNJ Document 15 Filed 06/13/19 Page 2 of 2
litigation for vaccine injury compensation on behalf of the wrongful death of [her] husband ...."
Id.
To receive compensation under the Program, Petitioner must prove either (1) that Mr.
Calvin suffered a "Table Injury"- i.e., an injury falling within the Vaccine Injury Table
corresponding to the vaccination, or (2) that her suffered an injury that was actually caused by a
vaccine. See§§ 13(a)(l)(A), 1 l(c)(l). Under the Act, petitioners may not be given a Program
award based solely on their claims alone. Rather, the petition must be supported by medical
records or the opinion of a competent physician. § 13(a)(l).
Here, an examination of the record did not uncover any evidence that Mr. Calvin suffered
a "Table Injury." The medical records do not contain evidence to support Petitioner's claim that
Mr. Calvin's alleged injury was caused by the flu vaccine, and Petitioner has not filed a
supportive opinion from an expert witness. Therefore, this case must be dismissed for
insufficient proof. The Clerk of Court shall enter judgment in accordance herewith.
IT IS SO ORDERED.
Herbrina D. Sanders
Special Master
-LlSCf'C
2
MAR 2 1 2019