# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 8

- 0 865 V

Filed: October 3, 2019

UNPUBLISHED

D ONNA SKWIAT

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Petitioner’s Motion for a Decision Dismissing Petition; Influenza (Flu)
Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) ; Vaccine Act Entitlement; Denial Without Hearing; Special Processing Unit (SPU)

Bridget Candace McCullough, Muller Brazil, LLP

, Dresher, PA, for petitioner. Debra A. Filteau Begley , U.S. Department of Justice, Washington, DC, for respondent.

DECISION 1

C orcoran , Chief Special Master:

On June 19 , 201 8

, Donna Skwiat (“petitioner”) filed a petition for compensation

under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et

seq

. 2 (the “Vaccine Act” or “Program”)

. 3 Petitioner alleges that she suffered left shoulder injuries related to vaccine administration ( “ SIRVA ” ) caused in fact by the

influenza vaccination she received on November 3 , 201 5

. Petition at 1, ¶¶ 2, 1 5 . The information in the record does not show entitlement to an award under the Program.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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) . In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

3 The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.On Octo ber 1 , 2019, petitioner moved f or a decision dismissing her petition,

acknowledging that insufficient evidence exists to demonstrate entitlement to compensation . (ECF No. 3 0 ). Petitioner indicated in her motion that “[a] n investigation of the facts and science supporting her case has demonstrated to petitioner that she

will be unable to prove that she is enti tl ed to compensation in the vaccine Program .”

Id . at ¶ 1 . Petitioner further indicated that s he “understands that a decision by the

S pecial Master dismissing her petition will r esult in a judgement against her. [ Petitioner ] has been advised that such a judgment wil l end all of her rights in the

Vaccine P rogram.” Id

. at ¶ 3

.

To receive compensation under the Program, petitioner must prove either 1) that

s he suffered a “Table Injury”

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

– corresponding to a covered vaccine, or 2) that s he suffered an injury that was actually caused by a covered vaccine. See §§ 13(a)(1)(A) and 11(c)(1). Examination of the

record does not d isclose any evidence that petitioner suffered a “Table Injury.” Further, the record does not contain a medical expert’s opinion or any other persuasive evidence indicating that petitioner’s alleged injury was vaccine

- caused.

Under the Vaccine Act, a petitioner may not be awarded compensation based on the petitioner’s claims alone. Rather, the petition must be supported by either the medical records or by a medical opinion. § 13(a)(1). In this case, the record does not

contain medical records or a medical opinion sufficient to demonstrate that petitioner was injured by a vaccine. For these reasons, and in accordance with § 12(d)(3)(A), petitioner’s claim for compensation is DENIED and t his case is DISMISSED for insufficient proof. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

s/ Brian H. Corc oran Brian H. Corcoran Chief Special Master