In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-0865V

Filed: October 3, 2019

UNPUBLISHED

DONNA 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

Corcoran, Chief Special Master:

On June 19, 2018, 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, 2015. Petition at 1, ¶¶ 2, 15. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 October 1, 2019, petitioner moved for a decision dismissing her petition, 

acknowledging that insufficient evidence exists to demonstrate entitlement to 

compensation. (ECF No. 30). 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 entitled to compensation in the vaccine Program.” 

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

Special Master dismissing her petition will result in a judgement against her. 

[Petitioner] has been advised that such a judgment will end all of her rights in the 

Vaccine Program.” Id. at ¶ 3. 

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

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

corresponding to a covered vaccine, or 2) that she 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 disclose 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 this case is DISMISSED for 

insufficient proof. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master