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Reeder v. Secretary of Health and Human Services
16-1439
| Fed. Cl. | May 15, 2017
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Background

  • 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).
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Case Details

Case Name: Reeder v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: May 15, 2017
Docket Number: 16-1439
Court Abbreviation: Fed. Cl.