VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00998 Package ID: USCOURTS-cofc-1_15-vv-00998 Petitioner: Lauren Barrett Filed: 2015-09-10 Decided: 2017-07-06 Vaccine: HPV Vaccination date: 2012-10-10 Condition: nerve damage Outcome: dismissed Award amount USD: AI-assisted case summary: Lauren Barrett filed a petition on September 10, 2015, alleging she suffered nerve damage as a result of receiving a human papillomavirus (HPV) vaccine on October 10, 2012. The petition was filed pursuant to the National Vaccine Injury Compensation Program. The record did not contain evidence of a Table injury, nor persuasive evidence that the vaccine caused her alleged injury. Petitioner conceded that she would be unable to prove entitlement to compensation. Consequently, on June 5, 2017, she moved to dismiss her claim, which was granted by Special Master Herbrina Sanders. The case was dismissed for insufficient proof, and no award was made. Petitioner counsel was Michael A. London of Douglas & London, P.C. Respondent counsel was Amy P. Kokot of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical records, expert opinions, or the mechanism of injury. Theory of causation field: Petitioner Lauren Barrett alleged nerve damage from an HPV vaccine administered on October 10, 2012. The petition was filed on September 10, 2015. Petitioner conceded inability to prove entitlement to compensation, citing insufficient evidence of a Table injury or vaccine causation. The Special Master's decision, issued on July 6, 2017, noted the lack of medical records or expert opinion to support the claim. The case was dismissed for insufficient proof. No award was made. Petitioner counsel: Michael A. London. Respondent counsel: Amy P. Kokot. Special Master: Herbrina Sanders. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00998-0 Date issued/filed: 2017-07-06 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/05/2017) regarding 30 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (azc) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00998-UNJ Document 31 Filed 07/06/17 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 5, 2017 * * * * * * * * * * * * * * LAUREN BARRETT, * No. 15-998V * Petitioner, * Special Master Sanders * v. * Dismissal; Human Papillomavirus * (“HPV”) Vaccine; Nerve Damage. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Michael A. London, Douglas & London, P.C., New York, NY, for Petitioner. Amy P. Kokot, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On September 10, 2015, Lauren Barrett (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program (“Vaccine Program”).2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that she suffered from nerve damage as a result of the administration of a human papillomavirus virus (“HPV”) vaccine on October 10, 2012. Pet. 1, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program. On June 5, 2017, Petitioner moved for a decision dismissing her claim. Pet’r’s Mot. Dismiss, ECF No. 29. Petitioner conceded that “[a]n investigation of the facts supporting her case has demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program.” Id. at 1. Petitioner filed this motion without an 1 This decision shall 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 (2012)). As provided by Vaccine Rule 18(b), each party has 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“Vaccine Act” or “the Act”). Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:15-vv-00998-UNJ Document 31 Filed 07/06/17 Page 2 of 2 objection from Respondent. Id. at 2. To receive compensation under the Program, Petitioner must prove either 1) that she suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—corresponding to the vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A), 11(c)(1). An examination of the record did not uncover any evidence that Petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence that her alleged injury was caused by the HPV vaccine. Under the Act, petitioners may not be given a Program award based solely on their claims alone. Rather, the petition must be supported by medical records or the opinion of a competent physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner’s claim, and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must be dismissed for insufficient proof. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 2