Funai v. Secretary of Health and Human Services
16-807
| Fed. Cl. | May 25, 2017Background
- 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
- None.
