As provided by Vaccine Rule 18(b), each party has 14 days within which to request
redaction “of any information furnished by that party (1) that is trade secret or commercial or
financial information and is privileged or confidential, or (2) that are medical files and similar files
the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b). Otherwise, “the entire decision” will be available to the public. Id.
The statutory provisions governing the Vaccine Program are found in 42 U.S.C. §§ 300aa-
10 et seq. For convenience, further reference will be to the relevant section of 42 U.S.C.
OFFICE OF SPECIAL MASTERS
(Filed: January 14, 2008)
(Reissued for publication: January 29, 2008)
PATRICIA ANN D. WALTHER, D.V.M.,
Remand; Acute Disseminated
HEALTH AND HUMAN SERVICES,
DECISION ON REMAND1
The case is before the special master on remand from the United States Court of Appeals for
the Federal Circuit (Federal Circuit). See Walther v. Secretary of HHS, 485 F.3d 1146 (Fed. Cir.
2007). The Federal Circuit held that in his initial unpublished decision denying petitioner’s claim
under the National Vaccine Injury Compensation Program (Program), issued on July 29, 2005, the
special master “appeared to apply an incorrect legal standard,” Walther, 485 F.3d at 1152, by
requiring petitioner, Patricia Ann D. Walther, D.V.M. (Dr. Walther), to “eliminate alternative causes
to carry her burden to establish a prima facie case.” Id. at 1148. The Federal Circuit iterated that
the “statutory text more naturally places the burden on” respondent “to establish that there is an
alternative cause by a preponderance of the evidence.” Id. at 1150, citing § 300aa-13(a)(1)(B); see
also Althen v. Secretary of HHS, 418 F.3d 1274, 1281-82 (Fed. Cir. 2005); Knudsen v. Secretary of