Sanchez v. Secretary of Health and Human Services
17-2
| Fed. Cl. | Sep 25, 2017Background
- Petitioner Jaime Sanchez filed a Vaccine Act petition alleging the January 6, 2014 influenza vaccine caused chronic migraine headaches and cold-like symptoms.
- Medical records show petitioner reported headache and congestion soon after the vaccine and sought treatment repeatedly over 2014–2016; diagnoses included tension headache, chronic daily headache, and possible migraine. Records also document multiple comorbidities (hepatitis C with cirrhosis, hypertension, obesity, chronic pain, gout, supraventricular tachycardia) and use of analgesics (including Tramadol).
- No expert medical report was filed attributing petitioner’s chronic headaches to the influenza vaccine.
- The special master held a status conference; petitioner later moved to dismiss the petition, and the special master granted dismissal for failure to prove causation in fact.
- The decision emphasizes that temporal proximity alone is insufficient and that petitioner bears the burden to show a medical theory, logical causation, and proximate timing under Althen.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner proved causation in fact between flu vaccine and chronic migraines | Vaccine caused post‑shot headaches that developed into chronic migraine | No competent medical opinion or record evidence shows the vaccine caused the chronic headaches; other causes present | Dismissed for failure to make a prima facie case of causation in fact |
| Whether temporal proximity alone suffices to establish causation | Temporal link (symptoms after vaccine) supports causation | Temporal association is insufficient without a medical theory and proof of causation | Temporal association insufficient; petitioner must present expert-supported theory |
| Whether absence of other causes can substitute for affirmative causation proof | Implicitly relied on absence of other causes in lay assertions | Absence of other causes does not fulfill petitioner’s affirmative burden to show actual causation | Absence of other causes is inadequate without a reputable medical explanation |
| Whether the record satisfied Vaccine Act requirement for medical records or opinion | Medical records document symptoms after vaccination | Records lack an expert opinion tying vaccine to injury; thus insufficient under Vaccine Act §300aa‑13(a)(1) | Petition dismissed for lack of supporting medical opinion or records establishing causation |
Key Cases Cited
- Althen v. Secretary of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005) (sets three‑prong test for causation in fact: medical theory, logical sequence, and temporal relationship)
- Grant v. Secretary of Health & Human Servs., 956 F.2d 1144 (Fed. Cir. 1992) (absence of other causes does not satisfy petitioner’s affirmative duty to prove causation)
- Shyface v. Secretary of Health & Human Servs., 165 F.3d 1344 (Fed. Cir. 1999) (but‑for and substantial factor principles apply to Vaccine Act causation)