CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 31, 2021 * * * * * * * * * * * * * * * KELLY RUPERT, * No. 15-841V * Petitioner, * Special Master Sanders * v. * * Decision; Entitlement; Influenza (“Flu”) SECRETARY OF HEALTH * Vaccine; Significant Aggravation; Kidney AND HUMAN SERVICES, * Failure; Glomerulonephritis * Respondent. * * * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren et al., P.C., Memphis, TN, for Petitioner. Sarah C. Duncan, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On August 7, 2015, Kelly Rupert (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program (“Program”).2 Pet. at 1, ECF No. 1; 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleges that the influenza (“flu”) vaccine she received on September 23, 2013, caused a significant aggravation of her kidney failure 3 and glomerulonephritis. 4 Am. Pet. at 1, ECF No. 36. 1 This Decision shall be posted on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, such material will be deleted from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 Kidney failure, also called renal failure, is “the inability of a kidney to excrete metabolites at normal plasma levels under conditions of normal loading, or the inability to retain electrolytes under conditions of normal intake, so that waste products and metabolites accumulate in the blood.” Kidney Failure, DORLAND’S MEDICAL DICTIONARY ONLINE [hereinafter “DORLAND’S”], https://www.dorlandsonline.com (last visited Feb. 2, 2021); Renal Failure, DORLAND’S, https://www.dorlandsonline.com (last visited Feb. 2, 2021). 4 Glomerulonephritis is “nephritis accompanied by inflammation of the capillary loops in the renal glomeruli.” Glomerulonephritis, DORLAND’S, https://www.dorlandsonline.com (last visited Feb. 2, 2021). Nephritis is “inflammation of the kidney[.]” Nephritis, DORLAND’S, https://www.dorlandsonline.com (last visited Feb. 2, 2021). Renal glomeruli are “globular tuft[s] formed by capillaries in the kidney, the After carefully analyzing and weighing all the evidence and testimony presented in this case in accordance with the applicable legal standards, I find that Petitioner has not met her legal burden. Petitioner has failed to provide preponderant evidence that the flu vaccine she received on September 23, 2013, significantly aggravated her kidney failure or glomerulonephritis. Accordingly, Petitioner is not entitled to compensation. I. …
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