VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00185
Package ID: USCOURTS-cofc-1_15-vv-00185
Petitioner: Mary E Forde
Filed: 2016-10-07
Decided: 2016-11-02
Vaccine: Tdap
Vaccination date: 2012-03-01
Condition: an allergic or immunologic reaction and Stevens Johnson Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Mary E. Forde filed a petition on October 7, 2016, on her own behalf, alleging that she suffered an allergic or immunologic reaction and Stevens Johnson Syndrome as a result of receiving a tetanus, diphtheria and pertussis (Tdap) vaccine on March 1, 2012. The respondent was the Secretary of Health and Human Services. During a status conference held on October 5, 2016, with petitioner, petitioner's counsel Simina Vourlis, and respondent's counsel Jennifer Reynaud, Ms. Forde indicated her wish to dismiss the petition so she could pursue other civil remedies. Petitioner subsequently moved for a decision dismissing her petition, acknowledging that such a judgment would preclude her from further recourse under the Vaccine Program but would preserve her right to file a civil action. Respondent did not oppose the motion. Special Master Thomas L. Gowen issued a decision on November 2, 2016, dismissing the case for insufficient proof. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The public decision does not detail the specific mechanism of causation alleged by the petitioner.

Theory of causation field:
Petitioner Mary E. Forde alleged that she suffered an allergic or immunologic reaction and Stevens Johnson Syndrome as a result of receiving a tetanus, diphtheria and pertussis (Tdap) vaccine on March 1, 2012. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The case was dismissed for insufficient proof after the petitioner moved to dismiss her petition to pursue other civil remedies, a motion to which the respondent did not object. Special Master Thomas L. Gowen issued the decision on November 2, 2016. Petitioner was represented by Simina Vourlis and respondent by Jennifer Reynaud.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00185-0
Date issued/filed: 2016-11-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/07/2016) regarding 35 DECISION of Special Master (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00185-UNJ Document 37 Filed 11/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-185V
Filed: October 7, 2016
[Not to be published]
* * * * * * * * * * * * *
MARY E FORDE *
* Special Master Gowen
Petitioner, *
v. *
* Dismissal; Tetanus, Diphtheria and
* Pertussis (“TDaP”) Vaccine;
SECRETARY OF HEALTH * Allergic Response
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner.
Jennifer Reynaud, United States Department of Justice, Washington, DC for respondent.
DECISION1
On February 27, 2015, Mary E. Forde (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of receiving
a tetanus, diphtheria and pertussis vaccine, administered March 1, 2012, she suffered “an allergic
or immunologic reaction and Stevens Johnson Syndrome.” Petition at Preamble, ¶ 12. The
information in the record, however, does not show entitlement to an award under the Program.
On October 5, 2016, a status conference was held with petitioner, petitioner’s counsel,
and respondent’s counsel, during which petitioner indicated that she wished to dismiss her
petition so that she may seek other civil remedies. On October 6, 2016, petitioner moved for a
decision dismissing her petition. Petitioner’s counsel has advised petitioner that a decision by
the Special Master will result in a judgment against her, and that such a judgment will end all of
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, 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.
1

Case 1:15-vv-00185-UNJ Document 37 Filed 11/02/16 Page 2 of 2
petitioner’s rights in the Vaccine Program. Id. at ¶ 3. Petitioner states that she intends to protect
her right to file a civil action. Id. at ¶ 5. Respondent does not oppose petitioner’s motion.
Accordingly, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
IT IS SO ORDERED.
/ Thomas L. Gowen
Thomas L. Gowen
Special Master
2