VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00574
Package ID: USCOURTS-cofc-1_13-vv-00574
Petitioner: Kamilah A. Crawford
Filed: 2013-08-13
Decided: 2017-04-28
Vaccine: human papillomavirus
Vaccination date: 2010-08-14
Condition: muscle spasms, shaking and jerking motions in her right and left arms
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On August 13, 2013, petitioner Kamilah A. Crawford filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor child, K.C. The petition alleged that K.C. developed muscle spasms and shaking and jerking motions in her right and left arms as a result of receiving a human papillomavirus (HPV), meningococcal (MCV), tetanus-diphtheria-acellular pertussis (TDaP), and varicella vaccinations on August 14, 2010. Later, on December 26, 2014, the caption was amended to reflect that Kamilah Crawford had turned 18 and was pursuing the claim in her own name. The respondent was the Secretary of Health and Human Services. Special Master Mindy Michaels Roth issued a decision on April 3, 2017. The record did not show entitlement to a Program award. On March 31, 2017, the petitioner filed a Motion For A Decision Dismissing Her Petition. Special Master Roth found that the petitioner had not demonstrated entitlement to compensation. To receive compensation, the petitioner was required to prove either a "Table Injury" corresponding to the vaccination or that the injury was actually caused by a vaccine. The Special Master found no evidence of a "Table Injury" in the record. Furthermore, the record lacked persuasive evidence indicating that the petitioner's alleged injury was vaccine-caused or vaccine-related. The petition could not be based solely on the petitioner's claims; it required support from medical records or the opinion of a competent physician. The petitioner offered no medical opinion supporting a finding of entitlement. Consequently, the Special Master concluded that the petitioner failed to demonstrate either a "Table Injury" or that her injuries were "actually caused" by a vaccination. The case was dismissed for insufficient proof. No compensation was awarded. The attorneys involved were Heidi A. Kocher, Esq., for the petitioner, and Gordon E. Shemin, Esq., for the respondent. The decision was issued by Special Master Mindy Michaels Roth.

Theory of causation field:
Petitioner alleged that human papillomavirus (HPV), meningococcal (MCV), tetanus-diphtheria-acellular pertussis (TDaP), and varicella vaccinations administered on August 14, 2010, caused muscle spasms, shaking, and jerking motions in her right and left arms. The petition was filed on August 13, 2013, on behalf of minor K.C. by her mother, Kamilah A. Crawford, and later amended to reflect Ms. Crawford pursuing the claim individually after turning 18. Special Master Mindy Michaels Roth dismissed the petition on April 3, 2017, for insufficient proof. The Special Master found no evidence of a "Table Injury" and no persuasive medical opinion or records supporting a finding that the alleged injury was vaccine-caused or vaccine-related. Petitioner filed a motion for dismissal on March 31, 2017. No award was made. Attorneys for petitioner were Heidi A. Kocher and for respondent was Gordon E. Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00574-0
Date issued/filed: 2017-04-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/3/2017) Regarding 68 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties.
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Case 1:13-vv-00574-UNJ Document 70 Filed 04/28/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-574V
Filed: April 3, 2017
* * * * * * * * * * * * * * *
KAMILAH A. CRAWFORD, *
*
Petitioner, *
v. * Dismissal; Human papillomavirus
* (“HPV”); Meningococcal (“MVC”);
SECRETARY OF HEALTH * Tetanus-diphtheria-acellular pertussis
AND HUMAN SERVICES, * (“TDaP”); Varicella; Insufficient Proof.
*
Respondent. *
*
*
* * * * * * * * * * * * * * *
Heidi A. Kocher, Esq., Law Office of Heidi Kocher, Plano, TX, for petitioner.
Gordon E. Shemin, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
Roth, Special Master:
On August 13, 2013, Petitioner (“Ms. Crawford,” or “petitioner”) filed a petition, on
behalf of her minor child, K.C., under the National Vaccine Injury Compensation Program.2
Petitioner alleged that K.C. suffered from muscle spasms, shaking and jerking motions in her
right and left arms as a result of receiving a human papillomavirus (“HPV”), meningococcal
(“MCV”), tetanus-diphtheria-acellular pertussis (“TDaP”), and varicella vaccinations on August
14, 2010. On December 26, 2014, petitioner filed a “Motion to Amend Caption” to reflect that
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend 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 note (2012)). 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 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that
provision, I will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent
subparagraph of 42 U.S.C. § 300aa (2012).
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Case 1:13-vv-00574-UNJ Document 70 Filed 04/28/17 Page 2 of 2
petitioner’s daughter, Kamilah Crawford, had turned 18 years of age, thus, she would pursue the
claim in her own name. ECF No. 28. The information in the record does not show entitlement
to an award under the Program. On March 31, 2017, petitioner filed a “Motion For A Decision
Dismissing Her Petition.” ECF No. 67.
To receive compensation under the Program, petitioner must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 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 persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the
petitioner’s claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 13(a)(1). In this case, because there are insufficient
medical records supporting petitioner’s claim, a medical opinion must be offered in support.
Petitioner, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that petitioner suffered a “Table Injury” or that her injuries were “actually
caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2