In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

MATTHEW COLE, * No. 14-628V

* Special Master Christian J. Moran

Petitioner, *

* Filed: May 13, 2015

v. *

* Decision on the record; insufficient

SECRETARY OF HEALTH * proof of causation; influenza (“flu”)

AND HUMAN SERVICES, * vaccine; Guillain-Barré Syndrome

* (“GBS”); chronic inflammatory

Respondent. * demyelinating polyneuropathy 

* (“CIDP”).

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

Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.

Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for 

respondent. 

UNPUBLISHED DECISION DENYING COMPENSATION1

Matthew Cole filed a petition under the National Childhood Vaccine Injury 

Act, 42 U.S.C. § 300aa –10 through 34 (2012), on July 18, 2014. In his petition, 

Mr. Cole alleged that the influenza (“flu”) vaccine, which is contained in the 

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on 

July 25, 2011, caused him to suffer Guillain-Barré Syndrome (“GBS”) and chronic 

inflammatory demyelinating polyneuropathy (“CIDP”). The information in the 

record, however, does not show entitlement to an award under the Program.

I. Procedural History

On July 18, 2014, Mr. Cole, filed a petition for compensation alleging that 

his GBS and CIDP were caused in fact by a flu vaccine he received on July 25, 

 

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), 

the parties have 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa—12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website. 
2

2011. No medical records were filed with the petition as required by 42 U.S.C. § 

300aa—11(c).

From August to December 2014, petitioner periodically filed medical and 

employment records (exhibits 1 – 9), as well as affidavits (exhibits 10-12), in 

support of his claim. Mr. Cole filed his statement of completion on December 2, 

2014. 

On January 6, 2015, respondent filed a status report on the completeness of 

Mr. Cole’s medical records. In her report, respondent requested that Mr. Cole had 

not yet filed a vaccine administration record. Respondent raised the concern that 

although Mr. Cole’s petition stated that his employer, Union Pacific Railroad, 

administered the vaccine, it was not likely that the 2011-2012 flu vaccine was 

available as early as July 25, 2011. Resp’t’s Rep., filed Jan. 6, 2015, at 1-2. 

A status conference was held on January 14, 2015, to discuss Mr. Cole’s 

efforts to obtain his vaccine administration record. Mr. Cole reported that he had 

already taken several steps to locate the record, including subpoenaing his 

employer and contacting his previous primary care physician. Additional 

suggestions for steps were proposed including seeking an affidavit or deposition 

from the administering nurse. Order, issued Jan. 14, 2015. 

A follow-up status conference was held on February 23, 2015. During this 

conference, Mr. Cole reported that he was still considering how to continue his 

efforts to locate the vaccine administration record such as seeking authorization for

another subpoena for the record. The undersigned suggested that Mr. Cole may 

want to subpoena the nurse for deposition. Order, issued Feb 24, 2015. 

During a status conference held on April 8, 2015, Mr. Cole announced that 

he was unable to locate the vaccine administration record and planned to withdraw 

his case. Mr. Cole moved for a decision dismissing his petition on May 4, 2015. 

In his motion, petitioner stated that he “will be unable to prove that his is entitled 

to compensation in the Vaccine Program” and that “proceed[ing] further would be 

unreasonable.” Pet’r’s Mot., filed May 4, 2015, at ¶¶ 1-2. 

II. Analysis

To receive compensation under the National Vaccine Injury Compensation 

Program, petitioners must prove that they “received a vaccine set forth in the 

Vaccine Injury Table.” In addition, petitioners must also establish either 1) that the 
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vaccinee suffered a “Table Injury” – i.e., an injury falling within the Vaccine 

Injury Table – corresponding to one of the vaccinee’s vaccinations, or 2) that the 

vaccinee suffered an injury that was actually caused by a vaccine. See §§ 300aa—

13(a)(1)(A) and 300aa—11(c)(1). 

Mr. Cole has been unable to produce evidence that he did, in fact, receive 

the flu vaccine on or around July 25, 2011. In addition to lacking proof of vaccine 

administration, the record is otherwise insufficient. Mr. Cole has not established 

that he suffered a “Table Injury,” and he has not provided a medical expert’s 

opinion, or any other persuasive evidence, indicating that his GBS and CIDP were

vaccine-caused.

Under the Act, petitioners may not be given a Program award based solely 

on the petitioners’ claims alone. Rather, the petition must be supported by either 

medical records or by the opinion of a competent physician. § 300aa—13(a)(1). 

In this case, Mr. Cole has not provided medical records or opinion supporting his 

claim that he received the flu vaccine, and that vaccine caused his GBS and CIDP. 

He has failed to demonstrate either that he suffered a “Table Injury” or that his 

injuries were “actually caused” by a vaccination. 

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

judgment accordingly.

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-

6360.

IT IS SO ORDERED. 

s/Christian J. Moran

Christian J. Moran

Special Master