VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00007
Package ID: USCOURTS-cofc-1_16-vv-00007
Petitioner: Alexandra Toes
Filed: 2016-01-04
Decided: 2016-12-09
Vaccine: Gardasil
Vaccination date: 2012-12-17
Condition: severe adverse reaction
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Alexandra Toes filed a petition on January 4, 2016, on her own behalf, alleging she suffered a severe adverse reaction after receiving her third Gardasil vaccination on December 17, 2012. The respondent was the Secretary of Health and Human Services. The petitioner later filed an Amended Petition on April 28, 2016. The public decision does not describe the specific severe adverse reaction, the onset of symptoms, any medical records, or any specific medical opinions. On December 7, 2016, the petitioner moved for a decision dismissing her petition, stating that she recognized she would likely be unable to meet her burden of proof as to scientific and medical causation under the existing record, or establish entitlement to compensation under the National Vaccine Injury Compensation Program. The petitioner acknowledged that a decision by the Chief Special Master would result in a judgment against her, ending all her rights in the Vaccine Program, but stated her intention to preserve her rights to file a civil action. The respondent did not oppose the motion for dismissal. Chief Special Master Nora Beth Dorsey noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccination. The record did not contain evidence of a "Table Injury," nor did the petitioner allege one. Furthermore, the record lacked persuasive evidence indicating the alleged injuries were caused by the Gardasil vaccination. The decision stated that under the Vaccine Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion. As there were insufficient medical records and no medical opinion offered, the petitioner failed to demonstrate either a "Table Injury" or that the injuries were "actually caused" by the Gardasil vaccination. Consequently, the case was dismissed for insufficient proof, and the Clerk was ordered to enter judgment accordingly. The status conference scheduled for December 15, 2016, was deemed moot and terminated. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Alexandra Toes filed a petition on January 4, 2016, alleging a severe adverse reaction to her third Gardasil vaccination on December 17, 2012. The public decision does not specify the alleged injury or provide details on medical records or expert opinions. Petitioner moved to dismiss her petition on December 7, 2016, acknowledging an inability to meet the burden of proof for medical causation or establish entitlement under the National Vaccine Injury Compensation Program. Respondent did not oppose the motion. Chief Special Master Nora Beth Dorsey dismissed the case for insufficient proof, as the petitioner failed to demonstrate a "Table Injury" or actual causation by the vaccine, and no supporting medical records or expert opinions were provided. The decision was issued on December 9, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00007-0
Date issued/filed: 2017-01-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/09/2016) regarding 24 DECISION of Special Master Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:16-vv-00007-UNJ Document 28 Filed 01/03/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 9, 2016
[Not to be Published]
* * * * * * * * * * * * *
ALEXANDRA TOES, *
* 16-007v
Petitioners, *
v. * Chief Special Master Dorsey
*
* Dismissal; Gardasil;
SECRETARY OF HEALTH * Severe Adverse Reaction.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioners.
Voris Edward Johnson, United States Department of Justice, Washington, DC for respondent.
DECISION1
On January 4, 2016, Alexandra Toes (“petitioner”) filed a petition on pursuant to the
National Vaccine Injury Compensation Program.2 She filed an Amended Petition on April 28,
2016. Petitioner alleged that she suffered a severe adverse reaction as a result of receiving her
third Gardasil vaccination on December 17, 2012. The information in the record, however, does
not show entitlement to an award under the Program.
On December 7, 2016, petitioner moved for a decision dismissing her petition, stating that
“[p]etitioner recognizes that she will likely be unable to meet her burden of proof as to scientific
and medical causation under the record as it exists and/ or establish that she is entitled to
compensation in the Vaccine Program.” Motion for a Decision Dismissing Petition at ¶ 5, filed
December 7, 2016. Petitioner states that she understands that a decision by the Chief Special
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.
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Case 1:16-vv-00007-UNJ Document 28 Filed 01/03/17 Page 2 of 2
Master will result in a judgment against her, and that such a judgment will end all of petitioner’s
rights in the Vaccine Program. Id. at ¶ 5. Petitioner states that she intends to protect her rights to
file a civil action. Id. at ¶ 8. Respondent does not oppose petitioner’s motion.
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 the vaccination.
See §§ 13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury,” nor does petitioner allege that she suffered a “Table Injury.”
Further, the record does not contain any persuasive evidence indicating that petitioner’s alleged
injuries were caused by the Gardasil vaccine.
Under the Vaccine Act, petitioner may not be given a Program award based solely on the
petitioners’ claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 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 petitioner suffered a “Table Injury” or that the injuries were “actually caused” by the
Gardasil vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
Additionally, the status conference currently scheduled for December 15, 2016 at 11:30
a.m. (EST) is hereby deemed MOOT and TERMINATED.
IT IS SO ORDERED.
/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
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