VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01577
Package ID: USCOURTS-cofc-1_15-vv-01577
Petitioner: A.C.
Filed: 2015-12-28
Decided: 2016-07-21
Vaccine: 
Vaccination date: 
Condition: death
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On December 28, 2015, Hope Doucet, on behalf of her deceased minor child A.C., filed a petition for vaccine compensation. The petition alleged that adverse reactions to various vaccinations caused A.C.'s death. The record did not contain evidence that A.C. suffered a "Table Injury" as defined by the Vaccine Injury Table, nor did it include a medical expert's opinion or other persuasive evidence to establish that the vaccination actually caused A.C.'s death. To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine, supported by medical records or a physician's opinion. In this case, the petitioner acknowledged an inability to prove entitlement and, on July 21, 2016, moved for a decision dismissing the petition due to insufficient proof of causation. Special Master George L. Hastings granted the motion, dismissing the case for insufficient proof of entitlement. No award was granted.

Theory of causation field:
Petitioner Hope Doucet, on behalf of her deceased minor child A.C., filed a petition alleging that various vaccinations caused A.C.'s death. The petition was filed on December 28, 2015. The public decision does not specify the vaccines received or the date of vaccination. The petitioner moved for dismissal on July 21, 2016, acknowledging insufficient proof of causation. The Special Master found no evidence of a "Table Injury" and no medical expert opinion or other persuasive evidence in the record to establish that A.C.'s death was vaccine-caused. The case was dismissed for insufficient proof of entitlement by Special Master George L. Hastings on July 21, 2016. No award was made.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01577-0
Date issued/filed: 2016-08-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/21/16) regarding 28 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:15-vv-01577-UNJ Document 31 Filed 08/12/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1577V
Filed: July 21, 2016
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
HOPE DOUCET, on behalf of *
her deceased minor child, A.C., *
*
Petitioner, * Petitioner’s 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 28, 2015, Petitioner filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),1 alleging that an adverse
reaction to various vaccinations caused the death of A.C. The information in the record,
however, does not show entitlement to an award under the Program.
On July 21, 2016, Petitioner moved for a decision dismissing her petition,
acknowledging that she will be unable to prove she is entitled to compensation in the Program.
To receive compensation under the Program, Petitioner must prove either 1) that A.C.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of A.C.’s vaccinations, or 2) that A.C. 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 A.C. suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that A.C.’s death was
vaccine-caused.
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-01577-UNJ Document 31 Filed 08/12/16 Page 2 of 2
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 Petitioner’s claim, a medical opinion must be offered in
support. Petitioner, however, has offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioner has failed to
demonstrate either that A.C. suffered a “Table Injury” or that A.C.’s tragic death 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