VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01672
Package ID: USCOURTS-cofc-1_20-vv-01672
Petitioner: Mary Brown
Filed: 2020-11-24
Decided: 2022-08-22
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Mary Brown filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2020, alleging that the influenza vaccine caused her to develop Guillain-Barré Syndrome (GBS). The petition was filed by attorney Lisa Esser. The respondent was the Secretary of Health and Human Services, represented by attorney Mitchell Jones. Special Master Mindy Michaels Roth presided over the case. To be eligible for compensation, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the injury was actually caused by a vaccine. The record in this case did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence demonstrating that Ms. Brown's alleged GBS was vaccine-caused or vaccine-related. The decision noted that a petition must be supported by medical records or a competent physician's opinion. In this instance, the provided medical records were insufficient, and no supporting medical opinion was offered by the petitioner. Consequently, Ms. Brown failed to demonstrate entitlement to an award. On July 28, 2022, Ms. Brown filed a Motion for Dismissal Decision, requesting that her case be dismissed. Special Master Roth granted this motion, dismissing the case for insufficient proof. The decision does not specify the date of vaccination, the time to onset of symptoms, or provide details of any medical treatment or expert testimony.

Theory of causation field:
Petitioner Mary Brown alleged that the influenza vaccine caused her to develop Guillain-Barré Syndrome (GBS). The petition was filed on November 24, 2020. To establish entitlement, the petitioner must prove either a "Table Injury" or that the injury was "actually caused" by the vaccine. The record did not contain evidence of a "Table Injury." The Special Master found insufficient medical records and no competent physician's opinion to support the claim that the GBS was vaccine-caused. Petitioner subsequently filed a Motion for Dismissal Decision, which was granted by Special Master Mindy Michaels Roth on July 28, 2022, dismissing the case for insufficient proof. Petitioner's counsel was Lisa Esser, and respondent's counsel was Mitchell Jones. The decision does not specify the vaccine date, age at vaccination, onset details, or medical experts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01672-0
Date issued/filed: 2022-08-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/28/2022) regarding 36 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01672-UNJ Document 37 Filed 08/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1672
Filed: July 28, 2022
* * * * * * * * * * * * * *
MARY BROWN, *
* Dismissal; Influenza (“flu”) Vaccine;
Petitioner, * Guillain-Barré Syndrome (“GBS”).
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Lisa Esser, Esq., Sommers Schwartz, P.C., Southfield, MI, for petitioner.
Mitchell Jones, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION1
Roth, Special Master:
On November 24, 2020, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),2 alleging that the influenza
(“flu”) vaccine caused her to develop Guillain-Barré Syndrome (“GBS”). The information in the
record, however, does not show entitlement to an award under the Program. On July 28, 2022,
petitioner filed a Motion for Dismissal Decision requesting that her case be dismissed. ECF No.
35.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will
be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the
Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:20-vv-01672-UNJ Document 37 Filed 08/22/22 Page 2 of 2
To receive compensation under the Program, 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). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the petitioner’s
claims alone. Rather, the petition must be supported by either medical records or by the opinion
of a competent physician. § 13(a)(1). In this case, because there are insufficient medical records
supporting petitioner’s claim, a medical opinion must be offered in support. Petitioner, however,
has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate
either that she suffered a “Table Injury” or that her injuries were “actually caused” by a
vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2