VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00984
Package ID: USCOURTS-cofc-1_19-vv-00984
Petitioner: Lynn Jones
Filed: 2019-07-10
Decided: 2020-09-24
Vaccine: influenza
Vaccination date: 2018-10-19
Condition: Guillain-Barré syndrome (GBS)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Lynn Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2019, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccination received on October 19, 2018. Respondent filed a Rule 4(c) Report stating that compensation was not appropriate, as they concluded that Petitioner more likely than not suffered from neuropathy due to diabetes and chronic kidney disease, rather than GBS. Following this report, the case was reassigned, and Petitioner was ordered to file a status report. On August 14, 2020, Petitioner filed a motion to dismiss his claim, stating that an investigation demonstrated he would be unable to prove entitlement to compensation. The court granted Petitioner's motion, dismissing the petition because there was insufficient evidence to meet the burden of proof, and judgment was entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00984-0
Date issued/filed: 2020-09-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/17/2020) regarding 24 DECISION Dismissing Petition. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:19-vv-00984-UNJ Document 31 Filed 09/24/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-984V
(Unpublished)
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LYNN JONES, * Special Master Katherine E. Oler
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Petitioner, *
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v. Filed: August 17, 2020
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SECRETARY OF HEALTH AND *
HUMAN SERVICES, * Petitioner’s Motion for a Decision;
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Dismissal of Petition; Vaccine Act.
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Respondent.
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Anne Carrión Toale, Maglio Christopher & Toale, Sarasota, FL, for Petitioner.
Colleen Hartley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION DISMISSING PETITION1
I. Procedural History
On July 10, 2019, Lynn Jones (“Petitioner”) filed a petition for compensation under the
National Vaccine Injury Compensation Program,2 alleging that he suffered from Guillain-Barré
syndrome (“GBS”) from the influenza vaccination he received on October 19, 2018. Pet. at 1, 5.
Petitioner filed a statement of completion on July 12, 2019. ECF No. 8.
On July 17, 2020, Respondent filed a Rule 4(c) Report stating compensation is not
appropriate because Petitioner does not meet the criteria for a Table injury of GBS following a flu
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision 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 1:19-vv-00984-UNJ Document 31 Filed 09/24/20 Page 2 of 2
vaccine. Respondent’s Rep. at 2, 8 (ECF No. 20). More specifically, the Department of Health
and Human Services “has concluded that [P]etitioner more likely than not suffered from
neuropathy from a combination of diabetes and chronic kidney disease as opposed to GBS.” Id.
at 6. On July 21, 2020, this case was reassigned to my docket from Chief Special Master Corcoran.
ECF No. 22. On the same day, I issued an order for Petitioner to file a status report on how he
would like to proceed in light of Respondent’s Rule 4(c) Report. See non-PDF Scheduling Order
on 7/21/2020.
Petitioner filed the instant motion to dismiss his claim on August 14, 2020, stating “An
investigation of the facts and science supporting his case has demonstrated to [P]etitioner that he
will be unable to prove that he is entitled to compensation in the Vaccine Program” Pet’r’s Mot.
at 1, ECF No. 23.
II. Conclusion
To receive compensation in the Vaccine Program, a petitioner must prove either (1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or (2) that he 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 his 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 his burden of proof. Petitioner’s
claim therefore cannot succeed and, in accordance with his motion, must be dismissed. §
11(c)(1)(A).
As such, IT IS ORDERED THAT,
Petitioner’s Motion for A Decision Dismissing His Petition is GRANTED and the petition
is hereby DISMISSED. The Clerk shall enter judgment accordingly.
Any questions regarding this Order may be directed to my law clerk, Sydney Lee, by
telephone at 202-357-6347, or by email at Sydney_Lee@cfc.uscourts.gov.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
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