# 3Jn tbe mtntteb $tate% <!Court ofjfeberal <!Claim% OFFICE OF SPECIAL MASTERS No. 18-1528V Filed: October 5, 2018

Not to be Published. 

### ************************************* DIONNI DE LA CRUZ, 

## * * Petitioner, 

## * * V. 

## * * SECRETARY OF HEALTH 

## * AND HUMAN SERVICES, 

### * 

## * Respondent. 

## * * 

### ************************************* 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 inthis first suit.

1Becausethis unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to postthis unpublished decision onthe United States CourtofFederal Claims' website, in accordance with the E-GovernmentAct of2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion ofElectronic Government Services). This means the decision will be available to anyone with access to the internet. Vaccine Rule 18(6) states that all decisions ofthe special masters will be made available to the public unless they contain trade secrets orcommercial or financial informationthatis privileged and confidential, or medical or similar info1mation whose disclosure would constitute a clearlyunwarranted invasion ofprivacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document's disclosure. Ifthe 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, butthe 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 CLAIMSOnJanuary 23, 2018, petitionerfiled a Motion for a Decision Dismissingher Petition. She states that "she will beunable to provethat she is entitled to compensationinthe 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'sMot. at 1. The undersigned granted petitioner's Motion for a Decision Dismissingher Petition and dismissed this case on January 23, 2018. Judgment entered on February 14, 2018, dismissing the case. On October 2, 2018, petitionerprose filed a second petition for the administration ofthe 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. TheVaccine Act, 42 U.S.C. 

### § 300aa-ll(b)(2), states: Only one petitionmay be filed with respectto each administration ofa vaccine. Theundersigned 

### DISMISSES the petitionbecause petitioner filed a second petition for the same administration ofvaccine as in her first petition. The undersigned cancels the deadline for respondent to file a Rule 4(c) Reportby December 31, 2018. 

### CONCLUSION Thepetition is 

### DISMISSED. In the absence ofa motion for reviewfiled pursuant to RCFC Appendix B, the Clerk ofCourtis directedto enterjudgmentherewith. 3



### IT IS SO ORDERED. Dated: October 5, 2018 LauraD. 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