3Jn tbe mtntteb $tate% <!Court of jfeberal <!Claim% 

OFFICE OF SPECIAL MASTERS 

No. 18-1528V 

Filed: October 5, 2018 

Not to be Published. 

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DIONNI DE LA CRUZ, * 

* 

Petitioner, * 

* 

V. * 

* 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

* 

Respondent. * 

* 

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Influenza ("flu") vaccine; GBS; 

more than two-month onset; 

petitioner filed twice for same 

vaccination; dismissed. 

Dionni De La Cruz, Houston, TX, for petitioner pro se. 

Heather L. Pearlman, Washington, DC, for respondent. 

MILLMAN, Special Master 

DECISION1 

On June 12, 2017, petitioner filed a petition under the National Childhood Vaccine Injury 

Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that trivalent influenza ("flu") vaccine which she 

received on October 2, 20152 caused her Guillain-Barre Syndrome ("GBS"). Pet. at ,r,r 1 and 4. 

In the alternative, she alleged significant aggravation. Id. at ,r 8. The civil number was 17-783V. 

Petitioner was represented by counsel in this first suit. 

1 Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims' website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) 

(Federal Management and Promotion of Electronic Government Services). This means the decision will 

be available to anyone with access to the internet. Vaccine Rule 18(6) states that all decisions of the 

special masters will be made available to the public unless they contain trade secrets or commercial or 

financial information that is privileged and confidential, or medical or similar info1mation whose 

disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, 

petitioner has 14 days to identify and move to redact such information prior to the document's disclosure. 

If the special master, upon review, agrees that the identified material fits within the banned categories 

listed above, the special master shall redact such material from public access. 2 Petitioner also alleged she received quadrivalent flu vaccine on October 20, 2015, but the medical 

records show she did not. Pet. at ,r I; Med. recs. Ex. 2, at 114, 143, 207. 

REISSUED FOR PUBLICATION

DEC 3 2018

OSM

U.S. COURT OF FEDERAL CLAIMS
On January 23, 2018, petitioner filed a Motion for a Decision Dismissing her Petition. 

She states that "she will be unable to prove that she is entitled to compensation in the Vaccine 

Program" and that "to proceed further would be unreasonable and would waste the resources" of 

the court, respondent, and the Vaccine Program. Pet'r's Mot. at 1. 

The undersigned granted petitioner's Motion for a Decision Dismissing her Petition and 

dismissed this case on January 23, 2018. Judgment entered on February 14, 2018, dismissing the 

case. 

On October 2, 2018, petitioner prose filed a second petition for the administration of the 

same vaccine and for the same vaccine injury. She again alleges that flu vaccine she received on 

October 2, 2015 caused her OBS. Pet. at ,r,r 1, 2. 

The Vaccine Act, 42 U.S.C. § 300aa-l l(b)(2), states: 

Only one petition may be filed with respect to each administration 

of a vaccine. 

The undersigned DISMISSES the petition because petitioner filed a second petition for 

the same administration of vaccine as in her first petition. The undersigned cancels the deadline 

for respondent to file a Rule 4( c) Report by December 31, 2018. 

CONCLUSION 

The petition is DISMISSED. In the absence of a motion for review filed pursuant to 

RCFC Appendix B, the Clerk of Court is directed to enter judgment herewith.3 

IT IS SO ORDERED. 

Dated: October 5, 2018 

Laura D. Millman 

Special Master 

3 Pursuant to Vaccine Rule I !(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review. 

2