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Funai v. Secretary of Health and Human Services
16-807
| Fed. Cl. | May 25, 2017
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Background

  • Petitioner Sharlee Funai filed a Vaccine Program petition alleging the September 17, 2013 influenza vaccine caused adverse effects.
  • An amended petition was filed on August 19, 2016; the case was before Special Master Sanders.
  • Petitioner later moved to dismiss on April 24, 2017, conceding she could not prove entitlement after investigation.
  • Respondent did not object to the dismissal motion.
  • The record contained no evidence of a Table Injury and no expert opinion linking the vaccine to Petitioner’s alleged injury.
  • Under the Vaccine Act, petitioners must support claims with medical records or a competent physician’s opinion; Petitioner provided neither sufficient records nor an expert report.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Petitioner suffered a Table Injury corresponding to the flu vaccine Funai alleged adverse effects from the flu vaccine (asserts injury falls within Program) Respondent did not dispute dismissal; record lacked evidence of a Table Injury No Table Injury shown; entitlement not established
Whether Petitioner proved vaccine causation for her alleged injury Funai asserted causation but offered no supporting expert opinion Respondent did not contest dismissal; lack of expert opinion and insufficient medical records Insufficient proof of actual-causation; case dismissed

Key Cases Cited

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Case Details

Case Name: Funai v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: May 25, 2017
Docket Number: 16-807
Court Abbreviation: Fed. Cl.