In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

LINDA ALVAREZ, * No. 16-1438V

 * Special Master Christian J. Moran

 Petitioner, * 

v. * 

 * Filed: September 5, 2017 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * Influenza (“flu”) vaccine;

 * Guillain Barré syndrome (“GBS”). 

 Respondent. * 

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

Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner;

Althea W. Davis, United States Dep’t of Justice, Washington, DC, for respondent. 

UNPUBLISHED DECISION DENYING COMPENSATION1

Linda Alvarez filed a petition under the National Childhood Vaccine Injury 

Act, 42 U.S.C. §300aa—10 et seq., on November 1, 2016. The petition alleged 

that Ms. Alvarez developed Guillain Barré syndrome (“GBS”) after she received 

an influenza (“flu”) vaccine on November 13, 2013. See Pet., filed Nov. 1, 2016. 

Ms. Alvarez has now filed a Motion for a Decision Dismissing Her Petition 

on August 21, 2017. In view of Ms. Alvarez’s Motion and the information in the 

record, the undersigned finds that Ms. Alvarez has not shown entitlement to an 

award under the National Vaccine Injury Compensation Program (“Program”). 

I. Procedural History

On November 1, 2016, Ms. Alvarez filed a petition seeking compensation 

for injuries she sustained following the receipt of a flu vaccine. The petition 

alleges that the vaccine administration caused Ms. Alvarez to develop GBS.

 1

 The E-Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services), 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 

On March 27, 2017, the Secretary filed his Rule 4 report. The Secretary

argued that Ms. Alvarez had not established a logical sequence of cause and effect 

between the flu vaccine and her GBS. To support the lack of evidence for a logical 

sequence, the Secretary points to the five month gap between the flu vaccine and 

Ms. Alvarez’s onset of symptoms and the incomplete records from Ms. Alvarez’s 

hospitalization when she was diagnosed with GBS. He concluded that Ms. 

Alvarez failed to demonstrate, by a preponderance of the evidence, that her GBS

were caused-in-fact by the flu vaccine. 

On July 17, 2017, Ms. Alvarez filed a status report indicating that she had 

obtained a preliminary expert report and that the report was not favorable to her. 

Ms. Alvarez further stated that she did not have a physician or expert that could 

establish a connection between her GBS and the flu vaccine, given the 

complicating factor of her gastric bypass surgery, which is also a known cause of 

GBS.

Ms. Alvarez filed the instant Motion for a Decision Dismissing Her Petition 

on August 21, 2017. Ms. Alvarez admits that she will not be able to prove that she 

is entitled to compensation in the Program and requests that her case be dismissed. 

She acknowledges that a dismissal of his case would result in a judgment against 

her and end all of her rights in the Program. In the event of an adverse judgment, 

Ms. Alvarez intends to preserve her right to file a civil action by electing to reject 

the judgment. The Secretary does not object to the Motion. Accordingly, this case 

is now ready for adjudication.

II. Analysis

To receive compensation under the National Vaccine Injury Compensation 

Program, petitioners must prove either 1) that the 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 (“causation-in-fact”) by a vaccine. See §§ 300aa—

13(a)(1)(A) and 300aa—11(c)(1). 

Ms. Alvarez does not claim a Table Injury nor does an examination of the 

record uncover any evidence that she suffered a Table Injury. Thus, she is 

necessarily pursuing a causation-in-fact claim. 

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

on the petitioner’s claims alone. Rather, the petition must be supported by either 
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medical records or by the opinion of a competent physician. § 300aa—13(a)(1). 

In this case, because the medical records do not support Ms. Alvarez’s claim, a 

medical opinion must be offered in support. Ms. Alvarez, however, has offered no 

such opinion.

Accordingly, it is clear from the record in this case that Ms. Alvarez has

failed to demonstrate that she suffered a “Table Injury” or that the flu vaccine was 

the causation-in-fact of her GBS. 

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

judgment accordingly.

Any questions may be directed to my law clerk, Andrew Schick, at (202) 

357-6360. 

IT IS SO ORDERED. 

 

 

 s/Christian J. Moran 

 Christian J. Moran

 Special Master