3Jn tbe Wniteb ~tates <!Court of jf eberal <!Claims 

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KEITH FRANCO, 

Petitioner, 

V. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

'Respondent. 

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OFFICE OF SPECIAL MASTERS 

Filed: July 5, 2019 

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No. 19-684V 

Special Master Sanders 

Dismissal; Insufficient Proof; Shingles 

Vaccine; Lower Extremity Wealmess; 

Ascending Paralysis 

Keith Franco, Pro Se, Atlanta, GA. 

Jay Mason All, United States Department of Justice, Washington, D.C., for Respondent. 

DECISION1 

On May 8, 2019, Keith Franco ("Petitioner") filed a petition pursuant to the National 

Vaccine Injury Compensation Program ("Vaccine Program").2 42 U.S.C. §§ 300aa-10 to 34 

(2012). Petitioner alleged that he suffered from lower extremity weakness and ascending 

paralysis as a result of the shingles vaccine he received on November 12, 2018. Pet. at 1, ECF 

No. 1. The information in the record, however, does not show entitlement to an award under the 

Program. 

On July 2, 2019, Petitioner submitted a motion to voluntarily dismiss his petition. ECF 

No. 9. In his motion, Petitioner stated that he "voluntarily dismiss[es] all claims [he] ha[s] filed 

in this action." Id 

1 This decision shall be posted on the website of the United States Court of Federal Claims, 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 (2012)). This means the Decision will be available to anyone with 

access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to 

request redaction "of any information furnished by that party: (I) 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 l8(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). 

REISSUED FOR PUBLICATION

AUGUST 22, 2019

OSM

U.S. COURT OF FEDERAL CLAIMS
To receive compensation under the Program, Petitioner must prove either (I) that he 

suffered a "Table Injury"-i.e., an injury falling within the Vaccine Injury Table-corresponding 

to the vaccination, or (2) that he suffered an injury that was actually caused by a vaccine. See 

§§ 13(a)(l)(A), 1 l(c)(l). An examination of the record did not uncover any evidence that 

Petitioner suffered a "Table Injury." Further, the record does not contain persuasive evidence 

that Petitioner's alleged injuries were caused by the shingles vaccine. 

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). In this case, the medical records are insufficient to prove Petitioner's 

claim, 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. 

~ 75- .J.v,,...Q»...._ ~ 

Herbrina 

~1Acru.-, 

D. Sanders 

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Special Master 

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