### REISSUED FOR PUBLICATION JUNE 13, 2019 OSM U.S. COURT OF FEDERAL CLAIMS 

# 3Jn tbe Wntteb $)tates QCourt of jf 

# eberal QCiatms OFFICE OF SPECIAL MASTERS Filed: March 20 , 2019 

### * * * * * * * * * * * * * * * BONNIE CALVIN, for spouse, RICHARD CALVIN, deceased Petitioner, V. 

### SECRETARY OF HEALTH AND HUMAN SERVICES , Respondent. 

### * * * 

### * * * 

### * * * 

### * * 

### * * * * * * * * * * * * * * * Bonnie Calvin,prose, 

### Marco Island, FL. No. 18-1859V Special Master Sanders

Dismissal; Insufficient Proof; influenza (" flu") vaccine; Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP"); Death.



### Mallari Browne Openchowski, U.S. Department ofJustice, Washington, D.C., for Respondent. DECISION 1 

### On December 4, 2018, Bonnie Calvin (" Petitioner" ) filed a petition pursuant to the National Vaccine Injury Compensation Program (" Vaccine Program") on behalf ofher spouse Richard Calvin, deceased. 2 

### 42 U.S.C

. §§ 300aa-10 to 34 (2012)

. Petitioner alleged that Mr. Calvin suffered from Chronic Inflammatory Demyelinating Polyneuropathy (" CIDP") that resulted in his death because ofthe influenza (" flu " ) vaccine he received on October 3, 2017

. Pet. , ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program. On March 18, 2019, Petitioner submitted a letter requesting that the undersigned dismiss her petition. ECF No
. 12. In her letter, Petitioner explained that she wishes to "withdraw[] from

1 This decision shall be posted on the website of the United States Cow1 of Federal Claims, in accordance with the £ -Government Act of 2002 , Pub. L. No. 107-347 , § 205 , 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule l 8(b) , each pa11y has 14 days within which to request redaction " of any information furnished 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 privacy." Vaccine Rule 18(b). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision

. If , upon review, the undersigned agrees that the identified material fits within the requirements ofthat provision , such material will be withheld from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660 , 100 Stat. 3755. Hereinafter, for ease of citation , all " §" references to the Vaccine Act will be to the pertinent subparagraph of42 U.S.C

. § 300aa (2012)

.litigation for vaccine injury compensation on behalf ofthe wrongful death of [her] husband

...." 

### Id. To receive compensation under the Program, Petitioner must prove either (1) that Mr. Calvin suffered a "Table Injury"

- i.e., an injury falling within the Vaccine Injury Tablecorresponding to the vaccination, or (2) that her suffered an injury that was actually caused by a vaccine. 

### See§§ 13(a)(l)(A) , 1l(c)(l)

. Under the Act, petitioners may not be given a Program award based solely on their claims alone. Rather, the petition must be supported by medical records or the opinion of a competent physician. § 13(a)(l). Here, an examination ofthe record did not uncover any evidence that Mr. Calvin suffered a "Ta ble Injury ." The medical records do not contain evidence to support Petitioner's claim that Mr. Calvin's alleged injury was caused by the flu vaccine, and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must be 

### dismissed for insufficient proof. The Clerk of Court shall enter judgment in accordance herewith. IT IS SO ORDERED. Herbrina D. Sanders Special Master

2 - LlSCf'C 

## MAR 2 1 2019