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In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-1096V 

(Filed: September 21, 2016) 

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

MILFORD B. REIMAN, * 

 * Dismissal; Influenza (“Flu”) Vaccine;

 Petitioner, * Parsonage-Turner Syndrome;

 * Brachial Plexopathy 

v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

Howard S. Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner. 

Linda Renzi, U.S. Dept. of Justice, Washington, DC for respondent. 

DECISION1

Roth, Special Master: 

On November 10, 2014, petitioner filed a petition for Vaccine Compensation in the 

National Vaccine Injury Compensation Program [“the Program”],2

alleging that an influenza 

vaccination caused him to develop brachial plexopathy and Parsonage-Turner Syndrome. The 

information in the record, however, 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I 

intend to post this decision 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)). In accordance with Vaccine Rule 18(b), petitioner 

have 14 days to identify and move to delete medical or other information, that satisfies the 

criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for 

redaction must include a proposed redacted decision. If, upon review, I agree that the identified 

material fits within the requirements of that provision, I will delete such material from public 

access. 

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. (hereinafter 

“Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 

300aa of the Act. 
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On September 20, 2016 petitioner filed a “Motion to Voluntarily Dismiss” seeking a decision 

dismissing his petition. ECF No. 34. 

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

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

to his vaccination, or 2) that 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. 

 Under the Act, 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, because there are insufficient 

medical records supporting petitioner’s claim, a medical opinion must be offered in support. 

Petitioner, however, has offered no such opinion that supports a finding of entitlement. 

 

 Accordingly, it is clear from the record in this case that petitioner 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. 

 

IT IS SO ORDERED. 

 s/Mindy Michaels Roth 

 Mindy Michaels Roth 

 Special Master