Filed: Oct. 05, 2018
Latest Update: Oct. 05, 2018
Summary: Not to be Published DECISION 1 LAURA D. MILLMAN , Special Master . On June 12, 2017, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), alleging that trivalent influenza ("flu") vaccine which she received on October 2, 2015 2 caused her Guillain-Barr Syndrome ("GBS"). Pet. at 1 and 4. In the alternative, she alleged significant aggravation. Id. at 8. The civil number was 17-783V. Petitioner was represented by counsel in t
Summary: Not to be Published DECISION 1 LAURA D. MILLMAN , Special Master . On June 12, 2017, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), alleging that trivalent influenza ("flu") vaccine which she received on October 2, 2015 2 caused her Guillain-Barr Syndrome ("GBS"). Pet. at 1 and 4. In the alternative, she alleged significant aggravation. Id. at 8. The civil number was 17-783V. Petitioner was represented by counsel in th..
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Not to be Published
DECISION1
LAURA D. MILLMAN, Special Master.
On June 12, 2017, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that trivalent influenza ("flu") vaccine which she received on October 2, 20152 caused her Guillain-Barré Syndrome ("GBS"). Pet. at ¶¶ 1 and 4. In the alternative, she alleged significant aggravation. Id. at ¶ 8. The civil number was 17-783V. Petitioner was represented by counsel in this first suit.
On January 23, 2018, petitioner filed a Motion for a Decision Dismissing her Petition. She states that "she will be unable to prove that she is entitled to compensation in the Vaccine Program" and that "to proceed further would be unreasonable and would waste the resources" of the court, respondent, and the Vaccine Program. Pet'r's Mot. at 1.
The undersigned granted petitioner's Motion for a Decision Dismissing her Petition and dismissed this case on January 23, 2018. Judgment entered on February 14, 2018, dismissing the case.
On October 2, 2018, petitioner prose filed a second petition for the administration of the same vaccine and for the same vaccine injury. She again alleges that flu vaccine she received on October 2, 2015 caused her GBS. Pet. at ¶¶ 1, 2.
The Vaccine Act, 42 U.S.C. § 300aa-11(b)(2), states:
Only one petition may be filed with respect to each administration of a vaccine.
The undersigned DISMISSES the petition because petitioner filed a second petition for the same administration of vaccine as in her first petition. The undersigned cancels the deadline for respondent to file a Rule 4(c) Report by December 31, 2018.
CONCLUSION
The petition is DISMISSED. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
