# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 557V

( Unpublished )

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KATHLEEN E. PACHASA

,

Petitioner

,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

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* Special Master Katherine E. Oler

Filed: May 31, 2019

Petitioner’s Motion for a Decision ;

Dismissal of Petition; Vaccine Act

.

Kathleen E. Pachasa

, pro se

, Avon, OH, for Petitioner.

Glenn MacLeod

, U.S. Dep’t of Justice, Washington, DC

, for Respondent.

DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1

On April 15, 2019

, Kathleen E. Pachasa (“Petitioner”) f iled a petition 2 for compensation

under the National Vaccine Injury Compensation Program

, 3 alleging that she suffered from injuries

including a shoulder injury related to vaccine administration (SIRVA) as a result of the

pneu mococcal conjugate vaccination (Prevnar

- 13) s he received on May 13, 2016

. Pet

., ECF No.

1

.

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’s website in accordance with the E

- Government Act of 2002, 44 U.S.C. §

3501 (2012). This means the ruling will be available to anyone with ac cess to the internet . As provided

by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain

kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 const itute a clearly unwarranted invasion of privacy.” Vaccine

R ule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 This petition was initially filed as Vincent E. Pachasa and Christopher M. Pachasa on behalf of Kathleen

E. Pachasa and the caption was subsequently amended on motion of Petitioner

. Mot. to Am., filed May 9,

2019, ECF No. 12.

3 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.

No. 99

- 660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa

- 10 through 34 (2012) (“Vaccine

Act” or “the Act”) . Individual section references hereafter will be to § 300aa of the Act (but will omit that

statutory prefix).2

I held a status conference via telephone with the parties on May 17, 2019 to discuss how

Petitioner wanted to proceed

. Following the call, Petitioner filed the instant motion to dismiss her

claim on May 29, 2019

, indicating that “ [a ]n investigation of the facts and science supporting her

case has demonstrated that [ Petitioner ] will be unable to prove that she is entitled to compensation

in the Vaccine Program.” See Pet’r’s Mot

. for a Decision Dismissing her Pet

. , ECF No

. 16

.

To receive compensation under the Vaccine Program, a petitio ner must prove either (1)

that s he suffered a “Table Injury”

– i.e., an injury falling within the Vaccine Injury Ta b le

– corresponding to one of her vaccinations, or (2) that s he suffered an injury that was actually caused

by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1)

. Moreover, u nder the Vaccine Ac t, a petitioner may

not receive a Vaccine P rogram award based solely on her claims alone. Rather, the petition must

be supported by either medical records or by the opinion of a competent medical expert

. § 13(a)(1).

In this case, however, there is insufficient evidence in the record for Petitioner to meet her burden

of proof. Petiti oner’s claim therefore cannot succeed and

, in accordance with her motion, must be

dismissed. § 11(c)(1)(A).

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

accordingly.

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler

Special Master