VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02347
Package ID: USCOURTS-cofc-1_21-vv-02347
Petitioner: Richard Kline
Filed: 2021-12-30
Decided: 2024-07-10
Vaccine: influenza
Vaccination date: 2019-01-14
Condition: Guillain-Barré syndrome (GBS)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Sandra Kline filed a petition for compensation on December 30, 2021, on behalf of her deceased husband, Richard Kline, alleging that an influenza vaccine administered on January 14, 2019, caused him to develop Guillain-Barré syndrome (GBS), which ultimately led to his death on February 12, 2021. The Secretary of Health and Human Services disputed the claim. The public decision does not name petitioner counsel or respondent counsel. The Secretary argued that the onset of Richard Kline's GBS occurred nine weeks after vaccination, which was outside the timeframe for a Table injury, and that treating physicians diagnosed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) rather than GBS. The Secretary also contended that Ms. Kline had not established a reliable medical theory connecting the vaccine to the injury, a logical sequence of cause and effect, or that Richard Kline actually suffered from GBS. The case was reassigned to Special Master Christian J. Moran on December 19, 2023. Ms. Kline was ordered to file an expert report by May 17, 2024. On May 16, 2024, Ms. Kline moved for additional time to consider dismissal. Following a status conference, Ms. Kline moved to dismiss the case on June 11, 2024. Special Master Moran granted the motion, dismissing the case with prejudice due to insufficient proof. The Special Master noted that Ms. Kline failed to present a medical theory causally connecting the flu vaccination to her husband's condition, failed to show that nine weeks was an appropriate timeframe for symptom onset, and failed to establish that Richard Kline suffered from GBS, as opposed to CIDP, which was the ultimate diagnosis. The public decision does not describe the specific onset of symptoms, other symptoms, diagnostic tests, treatments, or the mechanism of injury. The public decision does not mention any specific expert witnesses. The award amount is not applicable as the case was dismissed.

Theory of causation field:
Petitioner Sandra Kline alleged that an influenza vaccine administered on January 14, 2019, caused Richard Kline to develop Guillain-Barré syndrome (GBS), leading to his death on February 12, 2021. The Secretary disputed the claim, arguing the onset of GBS was nine weeks post-vaccination, outside the Table timeframe, and that medical records indicated a diagnosis of CIDP, not GBS. Petitioner was ordered to file an expert report but instead moved for dismissal. Special Master Christian J. Moran granted the motion to dismiss with prejudice for insufficient proof. The Special Master found petitioner failed to establish a medical theory connecting the vaccine to the injury, a logical sequence of cause and effect, or that Richard Kline suffered from GBS, citing Althen v. Sec'y of Health & Hum. Servs. and Broekelschen v. Sec'y of Health & Human Servs. The public decision does not detail the specific mechanism of injury, expert testimony, or award breakdown, as the case was dismissed. The decision date was July 10, 2024, with the petition filed on December 30, 2021.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-02347-0
Date issued/filed: 2024-07-10
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 6/17/2024) regarding 44 DECISION of Special Master Signed by Special Master Christian J. Moran. (ceo) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-02347-UNJ Document 46 Filed 07/10/24 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA KLINE, individually and as *
administrator of the ESTATE OF *
RICHARD KLINE * No. 21-2347V
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: June 17, 2024
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
UNPUBLISHED DECISION DENYING COMPENSATION1
Sandra Kline alleges that the influenza (“flu”) vaccine her husband Richard
Kline (“Richard”) received on January 14, 2019 caused him to develop Guillain-
Barré syndrome (“GBS”), which ultimately led to his death on February 12, 2021.
Pet., filed Dec. 30, 2021. The Secretary disputed Ms. Kline’s claim. On June 11,
2024, Ms. Kline moved for a decision dismissing her petition.
I. Procedural History
Ms. Kline filed a petition for compensation on December 30, 2021, alleging
that a flu vaccine her husband received on January 14, 2019 caused his GBS,
1 Because this decision contains a reasoned explanation for the action taken in this case, it
must be made publicly accessible and will be posted on the United States Court of Federal
Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal
Management and Promotion of Electronic Government Services). This means the decision will
be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.

Case 1:21-vv-02347-UNJ Document 46 Filed 07/10/24 Page 2 of 3
which resulted in his death. Ms. Kline worked to gather and file medical records
throughout 2022 and 2023.
The Secretary filed his Rule 4(c) report on October 20, 2023, contesting
entitlement. The Secretary argued that the onset of Richard’s GBS did not begin
until nine weeks after his vaccination, which would not fit within the appropriate
timeframe on the Table. Resp’t’s Rep. at 14. The Secretary further argued that
treating doctors diagnosed CIDP, and Ms. Kline had not established that Richard
had GBS. Id. at 15-16. Finally, the Secretary argued that Ms. Kline had not yet
provided a reliable medical theory or a logical sequence of cause and effect, and
that no treating doctors had attributed Richard’s condition to the vaccine. Id. at 16-
17.
The case was reassigned to the undersigned on December 19, 2023. A set of
draft expert instructions were issued, and Ms. Kline was ordered to file an expert
report by May 17, 2024. Order, issued Jan. 18, 2024. On May 16, 2024, Ms.
Kline moved for additional time to consider her options to dismiss the petition. A
status conference was held, during which the undersigned explained petitioner’s
options. See Order, issued May 23, 2024. On June 11, 2024, Ms. Kline moved to
dismiss the case. This matter is now ready for adjudication.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (“Program”), a petitioner must prove either 1) that the vaccinee suffered a
“Table Injury”—i.e., an injury falling within the Vaccine Injury Table—
corresponding to one of the vaccinations, or 2) that the vaccinee suffered an injury
that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-
11(c)(1). Under the Act, a 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. § 300aa-
13(a)(1).
In this case, Ms. Kline filed medical records. Nonetheless, Ms. Kline wishes
to have her claim dismissed and judgment entered against her. Though Ms. Kline
filed this motion pursuant to 42 U.S.C. § 300aa-21(a) (regarding voluntary
dismissal), the undersigned will construe this as a motion filed pursuant to 42
U.S.C. § 300aa-21(b) (regarding involuntary dismissal), given Ms. Kline’s clear
intent that a judgment issue in this case, protecting her right to file a civil action in
the future. See Pet’r’s Mot., filed June 11, 2024 at 2.
2

Case 1:21-vv-02347-UNJ Document 46 Filed 07/10/24 Page 3 of 3
To conform to section 12(d)(3), a decision must “include findings of fact and
conclusions of law.” For causation-in-fact cases, the Federal Circuit has defined
elements of a petitioner’s claim. Petitioners bear a burden to show by a
preponderance of the evidence that the vaccination brought about their injury by
providing:
(1) a medical theory causally connecting the vaccination and the injury;
(2) a logical sequence of cause and effect showing that the vaccination was
the reason for the injury; and
(3) a showing of a proximate temporal relationship between vaccination and
injury.
Althen v. Sec’y of Health & Hum. Servs., 418 F.3d 1274, 1278 (Fed. Cir. 2005).
Ms. Kline did not present a medical theory causally connecting the flu vaccination
and her husband’s condition, nor has she shown that 9 weeks is an appropriate
timeframe for the onset of symptoms after vaccination.
Furthermore, a petitioner bears the burden of establishing that he suffers
from a condition for which he seeks compensation. Broekelschen v. Sec'y of
Health & Human Servs., 618 F.3d 1339, 1346 (Fed. Cir. 2010). Although
Richard’s working diagnosis was GBS, the neurologist noted that certain
symptoms were “atypical for GBS/AIDP,” and that doctors were “exploring other
possibilities.” Exhibit 2 at 405 (May 13, 2019). Richard was ultimately diagnosed
with CIDP. Exhibit 4 at 28 (September 1, 2019). Ms. Kline has not met her
burden to establish that her husband suffered from GBS, the condition alleged in
the petition. See Lombardi v. Sec'y of Health & Human Servs., 656 F.3d 1343,
1353-56 (Fed. Cir. 2011).
Thus, the Motion for Decision is GRANTED and this case is
DISMISSED WITH PREJUDICE for insufficient proof. The Clerk shall
enter judgment accordingly. See Vaccine Rule 21(b).
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3