Reeder v. Secretary of Health and Human Services
16-1439
| Fed. Cl. | May 15, 2017Background
- Petitioner Erika Reeder filed a Vaccine Program petition alleging Guillain-Barré syndrome (GBS) caused by an influenza vaccination received on November 11, 2013.
- Petition filed November 1, 2016 in the U.S. Court of Federal Claims, Office of Special Masters (No. 16-1439V).
- Record contained no evidence of a Table Injury under the Vaccine Injury Table corresponding to the flu vaccine.
- Petitioner did not submit an expert medical opinion supporting causation and medical records were found insufficient to establish vaccine causation.
- On April 18, 2017, Petitioner moved to dismiss, conceding she could not prove entitlement and recognizing dismissal would enter judgment against her. Respondent did not oppose.
- Special Master Sanders dismissed the petition for insufficient proof and ordered the Clerk to enter judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner proved a Table Injury | Reeder alleged GBS followed flu vaccine | Respondent noted no Table match in record | No Table Injury shown |
| Whether petitioner proved vaccine causation | Reeder alleged vaccine caused GBS | Respondent relied on absence of persuasive medical proof/expert opinion | Insufficient evidence of causation; dismissed |
| Whether medical records alone suffice | Reeder relied on her records and allegations | Respondent argued records are insufficient without expert support | Records insufficient under 42 U.S.C. §300aa-13(a)(1) |
| Whether case should be dismissed when petitioner concedes inability to prove entitlement | Reeder moved to dismiss acknowledging inability to prove claim | Respondent did not oppose dismissal | Motion granted; judgment entered against petitioner |
Key Cases Cited
- None (the decision does not cite any reported cases).
