                                                                 REISSUED FOR PUBLICATION
                                                                               JAN 2 2019
                                                                                 OSM
                                                                     U.S. COURT OF FEDERAL CLAIMS
            Jfn tbe Wniteb $tates <ttourt of jfeberal <ttlaitns
                              OFFICE OF SPECIAL MASTERS
                                 Filed: November 29, 2018
* * * * * * * * *            * * * * • •
HOUSTON BYRD, JR.,                           *       UNPUBLISHED
                                             *
               Petitioner,                   *       No. 17-900V
                                             *
V.                                           *       Chief Special Master Dorsey
                                             *
SECRETARY OF HEALTH                          *       Influenza ("Flu") Vaccine; Failure to
AND HUMAN SERVICES,                          *       Prosecute; Insufficient Proof.
                                             *
               Respondent.                   *
                                             *
* * * *     * * * * * * * * * * *
Houston Byrd, Jr., ewmark, OH, pro se.
Mallori B. Openchowski, US Department of Justice, Washington, DC, for respondent.

                             DECISION DISMISSING PETITION 1

        On July 3, 2017, Houston Byrd, Jr. ("petitioner") filed a petition for compensation under
the ationaJ Vaccine Injury Compensation Program ("the Program"). Petitioner alleged that he
suffered from headaches, stomachaches, elevated blood sugar levels, and weight loss after
receiving influenza ("flu'") and Pneumovax 2 vaccinations on October I, 2015. Petition at 1-2.
Petitioner has not been represented by counsel at any point during these proceedings.

       Petitioner was ordered to file his complete medical records, including medical records
from three years prior to the vaccination as well as any doctor visits since the vaccination, by
October 2, 2017. Order dated Aug. 4, 2017 (ECF No. 11). Although he filed some medical
records from 2014 to early 2016, he did not submit any documentation of his current symptoms.

       1
          The undersigned intends to post this Decision on the United States Court of Federal
Claims' website. This means the Decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule I8(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access. Because this
unpublished Decision contains a reasoned explanation for the action in this case, the undersigried
is required to post it on the United States Court of Federal Claims' website in accordance with
the E-Government Act of 2002. 44 U.S.C. § 350 I note (2012) (Federal Management and
Promotion of Electronic Government Services).
       2 As respondent has noted, because the Pneumovax vaccine is not covered by the Vaccine
Act, any claim based on this vaccine must be dismissed. See 42 U.S.C. § 300aa-1 l(c)(l)(A).
