{"package_id":"USCOURTS-cofc-1_15-vv-00473","decision_granule_id":"USCOURTS-cofc-1_15-vv-00473-0","petitioner_identifier":"Harold Duke","is_minor":0,"age_at_vaccination":50.0,"age_unit_raw":"years (backfilled from staging text)","vaccine_type":"shingles","vaccination_date":"2013-05-20","condition_raw":"Right Brachial Plexitis/ Turner Parsonage Syndrome","condition_category":"brachial_neuritis","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2015-07-08","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:37:15.859979+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Harold Duke alleged injury from the shingles (herpes zoster) vaccine (Zostavax) received on May 20, 2013, resulting in \"Right Brachial Plexitis/Turner Parsonage Syndrome.\" The Special Master, Denise Kathryn Vowell, issued an Order to Show Cause because the shingles vaccine is not listed on the Vaccine Injury Table and thus not covered by the National Vaccine Compensation Program. Petitioner responded by asserting an \"off-Table\" injury with expert evidence of causation, but this was deemed a misunderstanding of the show cause order, which focused on vaccine eligibility, not causation. As the shingles vaccine is not covered by the Program, the issue of causation was not reached. The case was dismissed for failure to state a claim upon which relief can be granted. Petitioner was represented by Jack G. Leader, and respondent by Claudia B. Gangi. The decision date was July 8, 2015.","is_death":0,"date_of_death":null,"petition_filed_date":"2015-06-12","case_summary":"Harold Duke filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2015, alleging he suffered \"Right Brachial Plexitis/Turner Parsonage Syndrome\" as a result of receiving the shingles (herpes zoster) vaccine, Zostavax, on May 20, 2013. The Special Master, Denise Kathryn Vowell, issued an Order to Show Cause on May 12, 2015, informing Mr. Duke that the shingles vaccine is not covered by the Program. The order gave him 30 days to amend his petition to allege injury from a Program-covered vaccine or show cause why the petition should not be dismissed. Mr. Duke responded on June 11, 2015, styling his response as an amended petition, and reasserted his claim, stating it was an \"off-Table\" injury for which he had expert evidence of causation. However, the Special Master determined that Mr. Duke misunderstood the show cause order, which was focused on vaccine coverage, not causation. To be eligible for compensation, a petitioner must first demonstrate that the vaccine received is listed on the Vaccine Injury Table. The shingles vaccine is not listed on the Table and is therefore not covered by the Program. As Mr. Duke failed to demonstrate that he received a vaccine covered under the Program, his case was dismissed for failure to state a claim upon which relief can be granted. No compensation was awarded. The petition was filed by Jack G. Leader of the Elrod Pope Law Firm, and the respondent was represented by Claudia B. Gangi of the U.S. Department of Justice.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Denise K. Vowell","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Jack G. Leader","petitioner_attorney_firm":"Elrod Pope Law Firm","petitioner_attorney_location":"Rock Hill, SC","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|jack-leader|","firm_canonical_key":"elrod-pope","package_title":"DUKE v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00473","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00473.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00473.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_15-vv-00473-0","title":"DUKE v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 06/12/2015) regarding 15 DECISION of Special Master (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.","date_issued":"2015-07-08","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_15-vv-00473/granules/USCOURTS-cofc-1_15-vv-00473-0/pdf","pdf_bytes":247733,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_15-vv-00473/USCOURTS-cofc-1_15-vv-00473-0"}]}