In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-682V

(Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * *

*

CHRISTINE PYNE, *

* Filed: May 22, 2014

Petitioner, * 

* Petitioner’s Motion for a Decision 

v. * Dismissing the Petition; Insufficient Proof

* of Causation; Vaccine Act Entitlement;

* Denial Without Hearing

SECRETARY OF HEALTH AND *

HUMAN SERVICES , *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * 

Thomas P. Gallagher, Somers Point, NJ, for Petitioner

Heather L. Pearlman, Washington, DC, for Respondent

DECISION1

On September 16, 2013, Christine Pyne filed a petition for Vaccine Compensation in the 

National Vaccine Injury Compensation Program2 alleging that the Influenza vaccine she received 

1 Because this decision contains a reasoned explanation for my actions in this case, I will post it 

on the United States Court of Federal Claims website, in accordance with the E-Government Act 

of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 

3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may 

object to the published decision’s inclusion of certain kinds of confidential information. 

Specifically, under Vaccine Rule 18(b), each party has 14 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 National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 

1

 
on September 15, 2010; the Hepatitis B, and Tetanus, Diphtheria, and Acellular Pertussis (TDaP)

vaccines she received on September 17, 2010; and the Measles Mumps and Rubella (MMR) 

vaccine she received on October 11, 2010, all caused her to suffer or, in the alternative, 

significantly aggravated various injuries, including inability to breathe, Raynaud’s Disease, 

swollen lymph nodes, neuropathy in her hands and feet, and a suspected auto immune disorder. 

See Petition at 1 (ECF Docket No. 1) and Amended Petition at 1 (ECF Docket No. 18).

After gathering her relevant medical records, Petitioner filed a motion on May 21, 2014 

seeking a decision dismissing her petition, indicating that an investigation of the facts and 

science supporting her claim had demonstrated that she would be unable to prove her entitlement 

to compensation in the Vaccine Program.

To receive compensation under the Program, Ms. Pyne must prove either 1) that she 

suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding 

to one of her vaccinations, 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, however, did not 

uncover any evidence that Ms. Pyne suffered a “Table Injury.” Further, the record does not 

contain a medical expert’s opinion or any other persuasive evidence indicating that Ms. Pyne’s

alleged injuries were vaccine-caused.

Under the Vaccine 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. §13(a)(1). In this case, there is insufficient evidence in 

the record for Ms. Pyne to meet her burden of proof. Petitioner’s claim therefore cannot succeed 

and must be dismissed. §11(c)(1)(A).

Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment 

accordingly.

IT IS SO ORDERED.

 /s/ Brian H. Corcoran

Brian H. Corcoran

Special Master

42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.

2