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 

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BONNIE CAL VIN, for spouse, 

RICHARD CAL VIN, deceased 

Petitioner, 

V. 

SECRETARY OF HEAL TH 

AND HUMAN SERVICES, 

Respondent. 

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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 of Justice, Washington, D.C., for Respondent. 

DECISION1 

On December 4, 2018, Bonnie Calvin ("Petitioner") filed a petition pursuant to the 

National Vaccine Injury Compensation Program ("Vaccine Program") on behalf of her 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 of the 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 

of that 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 of 42 U.S.C. § 

300aa (2012). 
litigation for vaccine injury compensation on behalf of the 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), 1 l(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 of the record did not uncover any evidence that Mr. Calvin suffered 

a "Table 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 

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- LlSCf'C 

MAR 2 1 2019