VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00839
Package ID: USCOURTS-cofc-1_14-vv-00839
Petitioner: J.B.
Filed: 2014-09-10
Decided: 2016-03-01
Vaccine: influenza
Vaccination date: 2011-09-13
Condition: acute disseminated encephalomyelitis (ADEM)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On September 10, 2014, Chelsea Burton filed a petition on behalf of her minor child, J.B., seeking compensation under the National Childhood Vaccine Injury Act of 1986. The petition alleged that an influenza vaccine administered on September 13, 2011, caused J.B. to develop acute disseminated encephalomyelitis (ADEM) and other neurological symptoms. The public decision does not describe the specific onset of symptoms, medical records, diagnostic tests, or treatments. Petitioner's counsel was Andrew Downing of Van Cott & Talamante, PLLC. Respondent's counsel was Gordon Shemin of the United States Department of Justice. On February 8, 2016, Petitioner filed a Motion for a Decision Dismissing her Petition, acknowledging an inability to meet the burden of proof required for compensation under the Vaccine Program. Petitioner stated that further proceedings would be unreasonable and wasteful, understanding that a dismissal would result in a judgment against her and end all rights in the Vaccine Program. To receive compensation, Petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table 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 to establish causation. The public decision notes that compensation cannot be awarded based solely on the petitioner's claims; the petition must be supported by medical records or a competent physician's opinion. As the medical records were insufficient and no medical opinion was offered, the petition was dismissed for insufficient proof. Special Master Lisa Hamilton-Fieldman issued the decision, and the Clerk was ordered to enter judgment accordingly.

Theory of causation field:
Petitioner Chelsea Burton, on behalf of minor J.B., alleged that an influenza vaccine administered on September 13, 2011, caused acute disseminated encephalomyelitis (ADEM) and other neurological symptoms. The petition was filed on September 10, 2014. Petitioner subsequently filed a motion to dismiss, recognizing an inability to meet the burden of proof. To establish entitlement, Petitioner needed to prove either a Table Injury or actual causation. The record lacked evidence of a Table Injury and did not contain a medical expert's opinion or other persuasive evidence to establish that the vaccine actually caused J.B.'s alleged injuries. The public decision does not describe the specific mechanism of injury or name any medical experts. Special Master Lisa Hamilton-Fieldman dismissed the petition for insufficient proof, resulting in a judgment against the Petitioner. Petitioner's counsel was Andrew Downing, and Respondent's counsel was Gordon Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00839-0
Date issued/filed: 2016-03-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/9/2016) regarding 30 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00839-UNJ Document 34 Filed 03/01/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-839V
Filed: February 9, 2016
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
CHELSEA BURTON, *
on behalf of her minor child, J.B., *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Petitioner’s Motion for Dismissal
* Decision; Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Neurological Symptoms; Acute
AND HUMAN SERVICES, * Disseminated Encephalomyelitis
* (“ADEM”); Brainstem Encephalitis.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 10, 2014, Chelsea Burton (“Petitioner”) filed a petition for compensation
on behalf of her minor child, J.B., under the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that the administration of
an influenza (“flu”) vaccine on September 13, 2011 caused J.B. to suffer from “a plethora of
unprecedented symptoms and illnesses” including acute disseminated encephalomyelitis
(“ADEM”). The undersigned now finds that the information in the record does not show
entitlement to an award under the Program.
On February 8, 2016, Petitioner filed a Motion for a Decision Dismissing her Petition.
According to the motion, “Petitioner recognizes that she will likely be unable to meet her burden
of proof and establish that she is entitled to compensation in the Vaccine Program.”
Accordingly, Petitioner has determined that “to proceed further would be unreasonable and
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 1:14-vv-00839-UNJ Document 34 Filed 03/01/16 Page 2 of 2
would waste the resources of the Court, the Respondent, and the Vaccine Program.” Petitioner
further states that she understands that a dismissal decision will result in a judgment against her,
and that such a judgment will end all of her rights in the Vaccine Program.
To receive compensation under the Vaccine Act, Petitioner must prove either 1) that J.B.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to her vaccination, or 2) that he 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 J.B. suffered a “Table Injury.” Further, the record does not contain a medical
expert’s opinion or any other persuasive evidence indicating that his injuries were caused by a
vaccination.
Under the Vaccine Act, a petitioner may not be awarded compensation 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. § 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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2