VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00179 Package ID: USCOURTS-cofc-1_09-vv-00179 Petitioner: F.H. Filed: 2009-03-23 Decided: 2016-04-04 Vaccine: Vaccination date: Condition: Autism Outcome: dismissed Award amount USD: AI-assisted case summary: On March 23, 2009, Dalibor Hradek and Debby Hradek, parents of a minor child F.H., filed a petition for vaccine compensation. They alleged that various vaccinations injured F.H. The petition stated that F.H. suffered from autism. The respondent was the Secretary of Health and Human Services. On March 1, 2016, the Petitioners moved for a decision to dismiss their petition, acknowledging they would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program. The respondent did not oppose this request. Special Master George L. Hastings, Jr. issued a decision on March 1, 2016, noting that the record indicated Petitioners could not demonstrate either a "Table Injury" or that F.H.'s injuries were "actually caused" by a vaccination. Consequently, the case was dismissed. The public decision does not describe the specific vaccinations received, the dates of vaccination, the onset of symptoms, specific medical tests, treatments, or the names of any experts. The public decision also does not detail the specific theory of causation or the mechanism by which the alleged vaccinations caused the injury. The decision was not published. The Clerk was ordered to enter judgment accordingly. Theory of causation field: Petitioners alleged that various vaccinations caused autism in the minor child F.H. The case was filed on March 23, 2009. On March 1, 2016, Petitioners moved to dismiss their petition, stating they could not prove entitlement to compensation, specifically that F.H. suffered a "Table Injury" or that the injuries were "actually caused" by a vaccination. Respondent did not oppose the dismissal. Special Master George L. Hastings, Jr. dismissed the case. The public decision does not specify the vaccines, dates of vaccination, age at vaccination, specific symptoms, medical tests, treatments, or expert testimony. The public decision does not describe a specific theory of causation or mechanism of injury. No award was made as the case was dismissed. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_09-vv-00179-1 Date issued/filed: 2016-03-22 Pages: 1 Docket text: PUBLIC DECISION (Originally filed: 03/01/2016) regarding 110 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:09-vv-00179-UNJ Document 111 Filed 03/22/16 Page 1 of 1 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-179V Filed: March 1, 2016 Not to be Published * * * * * * * * * * * * * * * * * * * * * * * * * * DALIBOR HRADEK * and DEBBIE HRADEK, * parents of F.H., a minor, * * Petitioners, * Autism; Petitioners’ Motion for a * Decision Dismissing the Petition; v. * Insufficient Proof of Causation; Vaccine * Act Entitlement; Denial Without Hearing SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION On March 23, 2009, Petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),1 alleging that various vaccinations injured F.H. However, on March 1, 2016, Petitioners moved for a decision dismissing their petition, acknowledging that they will be unable to prove they are entitled to compensation in the Program. Petitioners’ Motion represents that Respondent does not oppose Petitioners’ request. It is clear from the record in this case that Petitioners are not able to demonstrate either that F.H. suffered a “Table Injury” or that F.H.’s injuries were “actually caused” by a vaccination. Thus, this case is dismissed. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. s/George L. Hastings, Jr. George L. Hastings, Jr. Special Master 1 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_09-vv-00179-2 Date issued/filed: 2016-04-04 Pages: 1 Docket text: PUBLIC DECISION (Originally filed: 3/1/16) regarding 110 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:09-vv-00179-UNJ Document 117 Filed 04/04/16 Page 1 of 1 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-179V Filed: March 1, 2016 Not to be Published * * * * * * * * * * * * * * * * * * * * * * * * * * DALIBOR HRADEK * and DEBBY HRADEK, * parents of F.H., a minor, * * Petitioners, * Autism; Petitioners’ Motion for a * Decision Dismissing the Petition; v. * Insufficient Proof of Causation; Vaccine * Act Entitlement; Denial Without Hearing SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION On March 23, 2009, Petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),1 alleging that various vaccinations injured F.H. However, on March 1, 2016, Petitioners moved for a decision dismissing their petition, acknowledging that they will be unable to prove they are entitled to compensation in the Program. Petitioners’ Motion represents that Respondent does not oppose Petitioners’ request. It is clear from the record in this case that Petitioners are not able to demonstrate either that F.H. suffered a “Table Injury” or that F.H.’s injuries were “actually caused” by a vaccination. Thus, this case is dismissed. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. s/George L. Hastings, Jr. George L. Hastings, Jr. Special Master 1 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.