VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01529
Package ID: USCOURTS-cofc-1_15-vv-01529
Petitioner: Z.H.
Filed: 2015-12-16
Decided: 2017-06-28
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On December 16, 2015, John and Rachel Homick filed a Petition for Vaccine Compensation in the National Vaccine Compensation Program on behalf of their minor child, Z.H., alleging an injury from a vaccine listed on the Vaccine Injury Table. The public decision does not specify the vaccine(s) administered, the date(s) of vaccination, or the specific condition alleged. The respondent was the Secretary of Health and Human Services. The petitioners acknowledged on May 22, 2017, that they would be unable to prove entitlement to compensation. To receive compensation, petitioners must prove either a "Table Injury" corresponding to a vaccination or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury" or a medical expert's opinion or other persuasive evidence indicating that Z.H.'s injury was vaccine-caused. The public decision notes that the Act requires supporting medical records or a competent physician's opinion, neither of which was offered by the petitioners. Consequently, the petitioners failed to demonstrate entitlement. Special Master George L. Hastings, Jr. granted the petitioners' motion for a decision dismissing their petition due to insufficient proof of causation. The case was dismissed for insufficient proof, and the Clerk was ordered to enter judgment accordingly. The public decision does not name the petitioner's counsel or the respondent's counsel.

Theory of causation field:
Petitioners John and Rachel Homick, on behalf of minor Z.H., filed a petition for vaccine compensation alleging an injury from a vaccine listed on the Vaccine Injury Table. The petition was filed on December 16, 2015. The public decision does not specify the vaccine(s), vaccination date(s), or the alleged injury. Petitioners moved for dismissal on May 22, 2017, acknowledging they could not prove entitlement. To establish entitlement, petitioners must prove either a "Table Injury" or that the injury was "actually caused" by a vaccination. The record lacked evidence of a "Table Injury" and did not contain a medical expert's opinion or other persuasive evidence of vaccine causation. The Special Master found insufficient proof of causation and granted the motion to dismiss. No award was made. Special Master George L. Hastings, Jr. issued the decision on June 1, 2017, with judgment entered on June 28, 2017. The public decision does not name experts or detail the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01529-0
Date issued/filed: 2017-06-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/1/17) regarding 27 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:15-vv-01529-UNJ Document 30 Filed 06/28/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1529V
Filed: June 1, 2017
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
JOHN HOMICK and *
RACHEL HOMICK, parents and *
natural guardians of Z.H., a minor, *
*
Petitioners, * Petitioners’ Motion for a
* Decision Dismissing the Petition;
v. * Insufficient Proof of Causation; Vaccine
* Act Entitlement; Denial Without Hearing
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION
On December 16, 2015, John and Rachel Homick filed a Petition for Vaccine
Compensation in the National Vaccine Injury Compensation Program (“the Program”),1 alleging
that Z.H. was injured by a vaccine listed in the Vaccine Injury Table. See § 14. The information
in the record, however, does not show entitlement to an award under the Program.
On May 22, 2017, Petitioners moved for a decision dismissing their petition,
acknowledging that they will be unable to prove they are entitled to compensation in the
Program.
To receive compensation under the Program, Petitioners must prove either 1) that Z.H.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of Z.H.’s vaccinations, or 2) that Z.H. suffered an injury that was actually caused by a
vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not
uncover any evidence that Z.H. suffered a “Table Injury.” Further, the record does not contain a
1 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.

Case 1:15-vv-01529-UNJ Document 30 Filed 06/28/17 Page 2 of 2
medical expert’s opinion or any other persuasive evidence indicating that Z.H.’s injury was
vaccine-caused.
Under the Act, the petitioner may not be given a Program award based solely on the
petitioner’s claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 300aa-13(a)(1). In this case, because there are
insufficient medical records supporting Petitioners’ claim, a medical opinion must be offered in
support. Petitioners, however, have offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioners have failed to
demonstrate either that Z.H suffered a “Table Injury” or that Z.H.’s injury was “actually caused”
by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
IT IS SO ORDERED.
s/George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master