VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01107
Package ID: USCOURTS-cofc-1_14-vv-01107
Petitioner: M.S.
Filed: 2014-11-13
Decided: 2016-10-20
Vaccine: Gardasil
Vaccination date: 
Condition: premature ovarian insufficiency
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On November 13, 2014, Michelle and Matthew Smith, parents of a minor child identified as M.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that a series of Gardasil vaccinations administered on November 12, 2010, November 14, 2011, February 3, 2012, and November 16, 2012, caused M.S. to develop premature ovarian insufficiency. The petitioners were represented by Tara C. O’Mahoney of the Law Offices of Chicago-Kent College of Law. The respondent was represented by Debra A. Filteau Begley from the United States Department of Justice. On September 22, 2016, the petitioners moved for a dismissal of their petition. They stated that following an investigation of the facts and science, a hearing on onset, and a review of expert reports, they believed they would be unable to prove entitlement to compensation. The respondent did not oppose this motion. Special Master Lisa Hamilton-Fieldman noted that to receive compensation, petitioners must demonstrate either that M.S. suffered an injury listed on the Vaccine Injury Table corresponding to the vaccination, or that the injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, nor did it present persuasive evidence that the Gardasil vaccinations caused M.S.'s alleged premature ovarian insufficiency. The Special Master further explained that awards under the Program cannot be based solely on claims but require support from medical records or a physician's opinion. As the available medical records and expert reports were deemed insufficient to prove the claim, the case was dismissed for insufficient proof. The Clerk was directed to enter judgment accordingly.

Theory of causation field:
Petitioners Michelle and Matthew Smith, on behalf of minor M.S., alleged that Gardasil vaccinations administered on November 12, 2010, November 14, 2011, February 3, 2012, and November 16, 2012, caused premature ovarian insufficiency. The case was dismissed on September 22, 2016, upon the petitioners' motion, as they stated they would be unable to prove entitlement to compensation after investigating the facts, science, onset, and expert reports. The respondent did not oppose the motion. Special Master Lisa Hamilton-Fieldman found no evidence of a "Table Injury" and no persuasive evidence that the Gardasil vaccinations caused the alleged injury. The Special Master noted that awards require support from medical records or a physician's opinion, which were insufficient in this case. The petition was dismissed for insufficient proof. Tara C. O’Mahoney represented the petitioners, and Debra A. Filteau Begley represented the respondent. The decision was issued on October 20, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01107-0
Date issued/filed: 2016-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/22/2016) regarding 61 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (ca1) Copy to parties.
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Case 1:14-vv-01107-UNJ Document 62 Filed 10/20/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1107V
Filed: September 22, 2016
* * * * * * * * * * * * * * * * * * * * *
MICHELLE and MATTHEW *
SMITH, parents of M.S., a minor, * UNPUBLISHED
*
* Special Master Hamilton-Fieldman
Petitioners, *
v. * Dismissal; Gardasil;
* Premature Ovarian Insufficiency.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Tara C. O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for Petitioners.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC for Respondent.
DECISION1
On November 13, 2014, Petitioners filed a petition on behalf of her minor child, M.S., for
compensation in the National Vaccine Injury Compensation Program [“the Program”],2 alleging
that a series of Gardasil vaccinations received on November 12, 2010, November 14, 2011,
February 3, 2012, and November 16, 2012, caused M.S. to suffer premature ovarian insufficiency.
The information in the record, however, does not show entitlement to an award under the Program.
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, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). In accordance with Vaccine
Rule 18(b), petitioner 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, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public
access.
2 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.
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Case 1:14-vv-01107-UNJ Document 62 Filed 10/20/16 Page 2 of 2
On September 22, 2016, Petitioners moved for a decision dismissing this petition, stating
that after “[a]n investigation of the facts and science, a hearing on onset, and expert reports,
Petitioners believe they will be unable to prove that they are entitled to compensation in the
Vaccine Program.” Motion Dismissing the Petition (“Motion”) at ¶ 1, filed Sept 22, 2016.
Respondent does not oppose Petitioners’ motion. Id. at ¶ 4.
To receive compensation under the Program, Petitioners must prove either 1) that M.S.
suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—corresponding
to the vaccination, or 2) that M.S. 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 M.S.
suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating that
M.S.’s alleged injury was caused by the Gardasil vaccinations.
Under the Act, Petitioners may not be given a Program award based solely on the
Petitioners’ 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 the medical records and
expert reports are insufficient to prove Petitioners’ claim, this case must be dismissed for
insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2