In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 31, 2022 * * * * * * * * * * * * * * * * * * CAMILA DO ESPIRITO SANTO, * No. 18-1725v * Petitioner, * Special Master Sanders * v. * * SECRETARY OF HEALTH * Ruling on the Record; Entitlement Decision; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Measles Mumps * Rubella (“MMR”) Vaccine; Preeclampsia; Respondent. * Missed Abortion * * * * * * * * * * * * * * * * * * John F. McHugh, Law Office of John McHugh, New York, N.Y., for Petitioner Lynn C. Schlie, United States Department of Justice, Washington, D.C., for Respondent DECISION ON ENTITLEMENT 1 On November 5, 2018, Camila Do Espirito Santo (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program (“Program” or “Vaccine Program”). 2 Petitioner alleges that she received the measles mumps rubella (“MMR”) and influenza (“flu”) vaccinations on October 15, 2016, and that these vaccines resulted in “injuries affecting the health of her fertility, such as [the] death of [her] in utero child (missed abortion), and subsequent severe preeclampsia.” 3 Pet. at 1, ECF No. 1. Respondent filed a motion for a ruling on the record dismissing Petitioner’s claim on August 30, 2021. Resp’t’s Mot., ECF No. 57. Petitioner filed a response on December 9, 2021. Pet’r’s Resp., ECF No. 61. Respondent did not file a reply. This matter is now ripe for 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). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to redact 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 withheld 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 Preeclampsia is “a complication of pregnancy characterized by hypertension, edema, and/or proteinuria; when convulsions and coma are associated[.]” Dorland’s Illustrated Medical Dictionary 1, 1509 (32nd ed. 2012) [hereinafter “Dorland’s”]. consideration. For the reasons stated below, I GRANT Respondent’s motion and Petitioner’s case is hereby DISMISSED. I. Procedural History Petitioner filed her petition for compensation, pro se, on November 5, 2018. See Pet. On that date, Petitioner also filed her green card documentation and several medical records. Pet’r’s Exs. 1–10, ECF Nos. 1-3–1-12. Petitioner filed additional medical records and a statement of …
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