VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00682
Package ID: USCOURTS-cofc-1_12-vv-00682
Petitioner: Greg McCants
Filed: 2014-02-04
Decided: 2014-02-04
Vaccine: Hepatitis B
Vaccination date: 2010-05-21
Condition: severe erythema multiforme-type drug reaction
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Greg McCants filed a petition on February 4, 2014, alleging that a Hepatitis B vaccination received on May 21, 2010, caused him to suffer a severe erythema multiforme-type drug reaction. After investigating the facts and science, Mr. McCants filed a motion for dismissal, stating he would be unable to prove entitlement to compensation under the National Childhood Vaccine Injury Act. He understood this would result in a judgment against him and end his rights in the Vaccine Program. The court noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence of causation. Because the medical records were insufficient and no supporting medical opinion was offered, the petition was dismissed for insufficient proof.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00682-0
Date issued/filed: 2014-02-25
Pages: 2
Docket text: PUBLIC DECISION Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:12-vv-00682-UNJ Document 35 Filed 02/25/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-682V
Filed: February 4, 2014
* * * * * * * * * * * * * * * * * * * * * * * * *
GREG McCANTS, * UNPUBLISHED
*
Petitioner, *
* Special Master Dorsey
v. *
*
SECRETARY OF HEALTH * Petitioner’s Dismissal Motion;
AND HUMAN SERVICES, * Insufficient Proof of Causation;
* Vaccine Act Entitlement; Hepatitis
Respondent. * B Vaccine; Erythema Multiforme-
* type Drug Reaction
* * * * * * * * * * * * * * * * * * * * * * * * *
Aaron R. Dias, RPWB, LLC, Mount Pleasant, SC, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 10, 2012, Greg McCants (“petitioner”) filed a petition pursuant to the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine
Act”). Petitioner alleged that, as a result of receiving a Hepatitis B vaccination on May 21, 2010,
he suffered a severe erythema multiforme-type drug reaction.
On February 3, 2014, petitioner filed a motion for a dismissal decision and a notice of
intent to file a motion for attorneys’ fees and costs. In his motion, petitioner states that “[a]n
investigation of the facts and science supporting his case has demonstrated … that, at this time,
he will be unable to prove that he is entitled to compensation in the Vaccine Program.”
Petitioner states that it would be unreasonable to proceed further, and that he understands that
this decision will result in a judgment against him and will end all of his rights in the Vaccine
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the United States Court of Federal Claims’ website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913
(codified as amended at 44 U.S.C. § 3501 and note (2006)). In accordance with Vaccine Rule 18(b), a
party has 14 days to identify and move to delete 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, the undersigned agrees that the identified material fits
within the requirements of that provision, such material will be deleted from public access.

Case 1:12-vv-00682-UNJ Document 35 Filed 02/25/14 Page 2 of 2
Program.
To receive compensation under the Vaccine Act, petitioners must prove either 1) that
petitioner suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of AB’s vaccinations, or 2) that petitioner suffered an injury that was
actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination
of the record did not uncover any evidence that petitioner suffered a “Table Injury.” Further, the
record does not contain a medical expert’s opinion or any other persuasive evidence indicating
that petitioner’s injuries were caused by a vaccination.
Under the Vaccine Act, a petitioner may not be awarded compensation based solely on
the petitioner’s claims. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 300aa-13(a)(1). In this case, because the medical
records are insufficient to establish entitlement to compensation, a medical opinion must be
offered in support. Petitioner, however, has offered no such opinion.
Therefore, the only alternative remains to DENY this petition. Thus, this case is
dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
/s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master