Mulroy v. Secretary of Health and Human Services, 15-1324

Petitioner Stephanie Mulroy filed a Vaccine Act petition as legal representative of her sister Joanne Arena, alleging the flu vaccine given on Nov. 8, 2013 caused Arena’s death on Nov. 10, 2013.
Petitioner filed medical records and an expert report from Dr. Laurel Waters; respondent filed a Rule 4(c) report recommending against compensation and submitted an expert report from Dr. Noel Rose.
The special master ordered supplemental expert reports; petitioner sought to obtain a second expert (Dr. Douglas Miller) but reported Dr. Miller could not provide a supportive opinion after file review.
Petitioner moved to dismiss, stating investigation and expert review showed she could not prove entitlement to compensation.
The special master found no evidence of a Table Injury and that the record lacked persuasive proof that the influenza vaccine caused Arena’s death; medical records and submitted expert opinions were insufficient.
The petition was dismissed for insufficient proof and judgment was to be entered unless petitioner sought review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement standard under Vaccine Act	Mulroy contended the flu vaccine caused Arena’s death, supporting entitlement to compensation	HHS opposed compensation; argued evidence did not support causation or a Table Injury	Held: Petitioner failed to meet statutory entitlement standards; no Table Injury alleged or shown and causation not established
Sufficiency of expert opinion/evidence	Mulroy submitted an expert report but could not obtain a supportive supplemental opinion from Dr. Waters or Dr. Miller	Respondent’s expert disagreed with petitioner’s causation theory; the record lacked a competent, supportive medical opinion	Held: Expert evidence was insufficient; dismissal for failure to provide necessary medical proof

None — the decision did not cite any reported judicial opinions; it relied on Vaccine Act standards and the evidentiary record.