# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 682 V

(Not to be published)

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

*

CHRISTINE PYNE

, *

* Filed: May 2 2 , 201 4

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

DECISION 1

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

National Vaccine Injury Compensation Program 2 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 with in 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 wo uld 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 Vacc ine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

1on September 15, 2010; the Hepatitis B, and Tetanus, Diphtheria, and Acellular Pertussis (TDaP)

vaccine s s he re ceived on September 17 , 2010 ; and the Measles Mumps and Rubella (MMR)

vaccine she received on October 11, 2010 , all caused h er 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 h er relevant medical records, Petitioner filed a motion on M ay 21 , 2014

seeking a decision dismissing h er 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 c ompensation under the Program, M s

. Pyne must prove either 1) that s he

suffered a “Table Injury”

– i.e., an injury falling within the Vaccine Injury Table

– corresponding

to one of h er vaccinations, or 2) that s he 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 M s

. Pyne suffered a “Table Injury.” Further, the record does not

contain a medical expert’s opinion or any other persuasive evidence indicating that M s

. Pyne ’s

alleged injuries w ere 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 insufficien t evidence in

the record for M s

. Pyne to meet h er 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.

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