# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1399V

Filed: February 3, 2022

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

CLAUDIA COLLINGNON

- HARVATH

, *

* Dismissal; Influenza (“Flu”)

Petitioner, * Vaccine; Guillain

- Barr é

* Syndrome (“GBS”).

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

*

Respondent. *

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

Amy Senerth

, Esq., Muller Brazil, LLP, Dresher, PA

, for petitioner.

Lauren Kells , Esq., U.S. Dept. of Justice, Washington, DC for respondent

.

DECISION 1

Roth, Special Master:

On September 12, 2019

, petitioner filed a p etition for Vaccine Compensation in the

National Vacci ne Injury Compensation Program (“the Program”)

, 2 alleging that an influenza

(“flu”) vaccination on September 27, 2016 caused h er to develop 

### Guillain

- Barr é Syndrome

(“GBS”)

. The information in the record, however, does not show entitlement to an award under

the Program. On February 3, 2022, petitioner filed a Motion for Dismissal Decision requesting

that h er case be dismissed. ECF No. 32.

1 Although this Decision has been formally designated “ un published,” it will nevertheless be posted on the

Court of Federal Claims’ website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347,

116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will

be available to anyone with ac cess to the internet. However, the parties may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen days within which to request redaction “of any information furni shed 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

privac y.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id

.

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660,

100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 10 et seq. (hereinafte r “Vaccine Act” or “the

Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.2

To receive compensatio n under the Program, petitioner must prove either 1) that s he

suffered a “Table Injury”

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

– corresponding

to her vaccination , 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 did not uncover any evidence that

petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence

indicating that petitioner’s alleged injury was vaccine

- caused or in any way vaccine

- related

. Peti tioner has not offered medical records or opinion sufficient for a finding of entitlement.

Accordingly, it is clear from the reco rd in this case that petitioner has failed to demonstrate

either that s he suffered a “Table Injury” or that her inju ries were “actu ally caused” by a

vaccination. Thus, this case is dis missed for insufficient proof. The Clerk shall enter judgment

accordingly.

IT IS SO ORDERED.

s/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master