Goff v. Secretary of Health and Human Services

United States Court of Federal Claims·Decided July 24, 2025·No. 17-259·Published

Opinion

In the United States Court of Federal Claims No. 17-259 Filed: July 9, 2025 Reissued: July 24, 2025 1 ________________________________________ ) HEATHER GOFF, ) ) Petitioner, ) ) v. ) ) SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ________________________________________ )

Courtney Jorgenson, Siri & Glimstad LLP, Phoenix, Arizona, for Petitioner.

Michael S. Bliley, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, Washington, DC, for Respondent, with whom were Yaakov M. Roth, Acting Assistant Attorney General, C. Salvatore D’Alessio, Director, Torts Branch, Civil Division, Heather L. Pearlman, Deputy Director, Torts Branch, Civil Division, and Lara A. Englund, Assistant Director, Torts Branch, Civil Division.

OPINION AND ORDER

MEYERS, Judge.

In her petition, Heather Goff contends that the influenza vaccinations she received during the 2015–16 flu season caused her to suffer two strokes. 2 After considering the petition, the expert reports, medical records, and witness testimony, the Special Master concluded that Ms. Goff failed to carry her burden of establishing by a preponderance of the evidence that the

1 The court issued this Opinion and Order to the parties on July 9, 2025, and, pursuant to Vaccine Rule 18(b), gave them an opportunity to propose redactions. Because they did not propose any, the court reissues this Opinion and Order in its entirety. 2 The term “stroke” refers to various medical conditions involving “local damage to the brain in a particular area related to the blood flow and the vascular structures of the brain.” Hr’g Tr. 31:21–24 (ECF Nos. 59–60) (testimony of Dr. Laura S. Boylan); accord id. at 145:25–146:4 (testimony of Dr. Steven Messé). influenza vaccines she received caused her to suffer her stroke. 3 The Special Master found Ms. Goff’s expert’s causation theory unpersuasive, that another condition was more likely the cause of the stroke than the vaccine, and that the stroke did not occur within a medically appropriate timeframe after the vaccination. In other words, the Special Master concluded that Ms. Goff failed to establish any of the three things that she must prove to prevail on her claim. Because the Special Master considered all the evidence under the proper legal framework, explained her weighing of that evidence and testimony, and provided a reasoned explanation for her decision that is supported by the record, her decision was neither arbitrary nor capricious. As a result, the court sustains the Special Master’s decision.

I. Background

A. Factual Background

Ms. Goff received the influenza vaccine on September 14, 2015. Pet’r’s Ex. 1 ¶ 3 (ECF No. 6-1); Pet’r’s Ex. 14 (ECF No. 8-6). 4 This was the first time in about 18 years she got vaccinated for influenza, and she did so because her employer at the time required it. Pet’r’s Ex. 1 ¶ 3. Following the vaccine, Ms. Goff experienced “shoulder pain, which lasted a few days,” but otherwise had no “lingering effects.” Id.

On March 22, 2016, Ms. Goff received a second influenza vaccine in her left arm. Id. ¶ 4; Pet’r’s Ex. 2 (ECF No. 6-2). She got this second influenza vaccine as a requirement of her new employer, Banner University Medical Center (“Banner”). Pet’r’s Ex. 1 ¶ 4. At the time of the March influenza vaccine, Ms. Goff was 43 years old and in good health. Pet’r’s Ex. 2 (indicating Ms. Goff was not sick); Hr’g Tr. 6:25–7:7 (ECF Nos. 59–60) (testimony of Ms. Goff) (testifying she was “feeling just fine”). Based on Ms. Goff’s statement from 2017, after the March 2016 influenza vaccine her left arm was “sore and pink” for the “following few days . . . but [that] seemed to lessen over the next week.” Pet’r’s Ex. 1 ¶ 5. Ms. Goff testified in 2021 that she “was red, swollen all the way down [her] arm and into [her] forearm for a couple months” after the March 2016 influenza vaccine. Hr’g Tr. 7:20–22. The record does not include any medical records for Ms. Goff between March 22, 2016, and March 30, 2016. Goff v. Sec’y

3 Because both experts agreed that Ms. Goff’s second stroke was likely caused by a cerebral angiogram that she underwent because of the first stroke, the Special Master focused on the potential connection between her influenza vaccinations, particularly the second vaccination, and the first stroke. Goff v. Sec’y of Health & Hum. Servs., No. 17-259V, 2025 WL 431582, at *20 (Fed. Cl. Spec. Mstr. Jan. 13, 2025) (ECF No. 85). Similarly, the parties’ arguments (with one exception regarding a claimed “booster effect” of the combination of the two vaccinations) focused on the connection between the second influenza vaccination and the first stroke, particularly with respect to Althen prong three’s timing requirement. Therefore, the court’s analysis is similarly focused on the vaccine’s potential connection to the first stroke. 4 Because the parties’ exhibits span multiple CM/ECF entries, the court cites the parties’ exhibit numbers rather than their CM/ECF numbers.

2 of Health & Hum. Servs., No. 17-259V, 2025 WL 431582, at *3 (Fed. Cl. Spec. Mstr. Jan. 13, 2025) (ECF No. 85). 5

Then on March 30, 2016, Ms. Goff woke up lacking “feeling or control of [her] right arm,” babbling, experiencing “drooping on the right side of [her] face,” and “feeling progressively weaker.” Pet’r’s Ex. 1 ¶ 6; see Pet’r’s Ex. 6 at 12, 14 (ECF Nos. 6-6 to 6-8); Hr’g Tr. 8:2–12. She was taken to the Abrazo West Campus Emergency Room (“Abrazo ER”) and treated for an acute ischemic stroke. 6 Pet’r’s Ex. 6 at 12–13. Her admission records reveal that Ms. Goff had no prior history of stroke and had been in “good chronic health” other than having hypothyroidism. Id. at 220. The records also indicate that she did not have a fever, rash, or swelling at the time of admission, although she had elevated blood pressure. Id. at 222, 280–81. Her lab results reflect that her C-reactive protein (“CRP”) 7 level, erythrocyte sedimentation rate (“ESR”) 8 level, complete blood count, and hypercoagulable 9 workup were normal. Id. at 342, 344–50.

Ms. Goff underwent additional medical testing while at the Abrazo ER. Id. at 331–37. Magnetic resonance imaging (“MRI”) without contrast of the brain revealed a “left middle

5 The court cites the Special Master’s public decision filed on February 6, 2025, throughout this Opinion and Order because all the information pertinent to the present motion for review appears in the public decision. 6 An ischemic stroke occurs when a part of the brain does not receive sufficient blood flow because a blood vessel is blocked. Pet’r’s Ex. 39 (ECF No. 57-1); accord Hr’g Tr. 32:1–33:12 (testimony of Dr. Boylan); id. at 146:8–11 (testimony of Dr. Messé). 7 CRP is “a globulin that forms a precipitate with the somatic C-polysaccharide of the pneumococcus in vitro; it is the most predominant of the acute-phase proteins.” Goff, 2025 WL 431582, at *4 n.3 (citing Dorland’s Medical Dictionary Online). 8 The erythrocyte sedimentation rate is: [T]he rate at which erythrocytes precipitate out from a well-mixed specimen of venous blood, measured by the distance the top of the column of erythrocytes falls in a given time interval under specified conditions; an increase in rate is usually due to elevated levels of plasma proteins, especially fibrinogen and immunoglobulins, which decrease the zeta potential on erythrocytes by dielectric shielding and thus promote rouleau formation. It is increased in monoclonal gammopathy, hypergammaglobulinemia due to inflammatory disease, hyperfibrinogenemia, active inflammatory disease, and anemia.

Goff, 2025 WL 431582, at *4 n.4 (citing Dorland’s Medical Dictionary Online). 9 Hypercoagulability is “the state of being more readily coagulated than normal.” Goff, 2025 WL 431582, at *4 n.5 (citing Dorland’s Medical Dictionary Online).

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