VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00873
Package ID: USCOURTS-cofc-1_14-vv-00873
Petitioner: Carmen Carreon
Filed: 2015-03-30
Decided: 2015-07-28
Vaccine: DTAP
Vaccination date: 2011-09-14
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Carmen Carreon filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging she was injured as a result of her September 14, 2011 DTAP vaccination. The petition was filed on March 30, 2015. During a status conference, Petitioner's counsel indicated an intention to dismiss the case, likely due to a statute of limitations objection raised by the Respondent. The parties subsequently filed a joint status report confirming Petitioner's intent to withdraw the claim on statute of limitations grounds. The decision notes that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that no petition may be filed more than thirty-six months from the first symptom or significant aggravation. The court found insufficient evidence establishing that the matter was filed in a timely fashion and that the petition lacked sufficient supporting medical records or a competent physician's opinion. Consequently, the case was dismissed for insufficient proof.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00873-0
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/30/2015) Regarding 21 DECISION of Special Master (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:14-vv-00873-UNJ Document 23 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-873
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
CARMEN CARREON, * Filed: March 30, 2015
*
Petitioner, *
v. * Petitioner’s Motion for a Decision
* Dismissing the Petition; Vaccine Act
SECRETARY OF HEALTH * Entitlement; Denial Without Hearing
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Kristena Gordon, Santa Maria, CA, for Petitioner.
Adriana Teitel, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION DISMISSING CASE1
On September 19, 2014, Carmen Carreon filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleged that
she was injured as a result of her September 14, 2011 trivalent DTAP vaccination. See Pet. at 1-2
(ECF No. 1).
During a status conference in this case that was held on February 29, 2015, Petitioner’s
counsel indicated that she thought it likely that Petitioner would seek dismissal of this case based
on a statute of limitation objection raised by Respondent. Order, dated Feb. 22, 2013, at 1 (ECF
No. 17). The parties subsequently filed a joint status report stating that Petitioner intended to
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, 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 (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (14) days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged
or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the public. Id.
2 The National Vaccine Injury Compensation 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 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:14-vv-00873-UNJ Document 23 Filed 07/28/15 Page 2 of 2
withdrawal her vaccine claim on statute of limitations grounds. Joint Status Report (ECF No. 18).
She has now done so. Pet’r’s Mot. for a Decision Dismissing her Pet. (ECF No. 20).
To receive compensation under the Vaccine Program, a petitioner must prove either (1)
that she suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of her vaccinations, or (2) that she suffered an injury that was actually caused
by a vaccine. See §§13(a)(1)(A) and 11(c)(1). Moreover, under the Vaccine Act, no petition for
compensation may be filed more than thirty-six months from “the first symptom or manifestation
of onset or of the significant aggravation of such injury.” § 300aa–16(a)(2). An examination of the
record, however, does not uncover sufficient persuasive evidence establishing that the matter was
filed in a timely fashion.
Under the Vaccine Act, a petitioner may not receive a Vaccine Program award based solely
on her 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, there is insufficient evidence in the record
for Petitioner to meet her burden of proof. Petitioner’s claim therefore cannot succeed and must
be dismissed. §11(c)(1)(A).
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
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