VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00031
Package ID: USCOURTS-cofc-1_16-vv-00031
Petitioner: Lucy Dipiazza
Filed: 2016-12-01
Decided: 2016-12-29
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Lucy Dipiazza filed a petition for vaccine compensation on December 1, 2016, alleging injury from a vaccine listed in the Vaccine Injury Table. The public decision does not specify the vaccine or the date of vaccination. The petitioner moved for a decision dismissing her petition on November 29, 2016, acknowledging an inability to prove entitlement to compensation. To receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating that the petitioner's injury was vaccine-caused. The decision noted that claims alone are insufficient for an award; medical records or a physician's opinion are required. As there were insufficient medical records and no medical opinion offered, the petitioner failed to demonstrate entitlement. Consequently, the case was dismissed for insufficient proof of causation by Special Master George L. Hastings, Jr. The Clerk was ordered to enter judgment accordingly. The public decision does not describe the petitioner's alleged condition, onset, symptoms, tests, treatments, or name any counsel.

Theory of causation field:
Petitioner Lucy Dipiazza filed a petition for vaccine compensation alleging injury from a vaccine listed in the Vaccine Injury Table. The public decision does not specify the vaccine, date of vaccination, or the alleged injury. Petitioner moved to dismiss her petition, acknowledging insufficient proof of entitlement. To establish entitlement, Petitioner needed to 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. Petitioner offered no medical records or physician's opinion to support her claim. Special Master George L. Hastings, Jr. dismissed the case for insufficient proof of causation. The public decision does not name any experts or provide details on the mechanism of injury or award breakdown.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00031-0
Date issued/filed: 2016-12-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/01/2016) regarding 28 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:16-vv-00031-UNJ Document 29 Filed 12/29/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-031V
Filed: December 1, 2016
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
LUCY DIPIAZZA, *
*
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 January 7, 2016, Lucy Dipiazza filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),1 alleging that she 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 November 29, 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
Petitioner suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of Petitioner’s vaccinations, or 2) that Petitioner 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 Petitioner suffered a “Table Injury.” Further, the
record does not contain a medical expert’s opinion or any other persuasive evidence indicating
that Petitioner’s injury 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 1:16-vv-00031-UNJ Document 29 Filed 12/29/16 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 Petitioner suffered a “Table Injury” or that Petitioner’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