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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-23V

Filed: November 1, 2016

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

SARAH VOLPI * UNPUBLISHED

*

* Special Master Hamilton-Fieldman

Petitioner, *

v. * Dismissal; Influenza;

* Post-Vaccination Myelitis.

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner.

Jason C. Bougere, United States Department of Justice, Washington, DC for Respondent. 

DECISION1

On January 6, 2016, Petitioner filed a petition for compensation in the National Vaccine 

Injury Compensation Program [“the Program”],2alleging that an influenza vaccination received 

on January 8, 2013 caused her to suffer post-vaccination myelitis. The information in the record, 

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

On October 31, 2016, Petitioner moved for a decision dismissing this petition, stating that

after “[a]n investigation of the facts and science supporting this case has demonstrated to Petitioner 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post this decision 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 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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that she will be unable to prove that she is entitled to compensation in the Vaccine Program.”

Unopposed Motion Dismissing the Petition (“Motion”) at ¶ 1, filed Oct. 31, 2016. Petitioner filed 

this motion without opposition from Respondent. Id. at ¶ 4.

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 the vaccination, or 2) that she 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 her alleged injury was caused by the influenza vaccination.

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 the medical records are 

insufficient to prove Petitioner’s claim and she has not filed a supportive opinion from an expert 

witness this case must be dismissed for insufficient proof. The Clerk shall enter judgment 

accordingly.

IT IS SO ORDERED.

/s/ Lisa Hamilton-Fieldman

Lisa Hamilton-Fieldman

Special Master