VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00148
Package ID: USCOURTS-cofc-1_16-vv-00148
Petitioner: A.F.
Filed: 2017-09-20
Decided: 2017-11-14
Vaccine: Hepatitis B
Vaccination date: 2014-09-22
Condition: death
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Taylor Frady filed a petition on September 20, 2017, on behalf of her deceased minor child, A.F., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the Hepatitis B, dTap, IPV, HIB, PCV, and ROTA vaccinations received on September 22, 2014, caused A.F.'s death. After initial filings and medical records were submitted, Special Master Brian H. Corcoran issued an order on September 8, 2016, noting doubts about the claim's success, particularly in light of similar cases linking vaccines to Sudden Infant Death Syndrome (SIDS) that had been dismissed. The Special Master directed Petitioner to show cause why the claim should not be dismissed. Petitioner filed a brief and additional medical records on December 16, 2016. On August 14, 2017, the Special Master again ordered Petitioner to file a motion for ruling, a stipulation for dismissal, or a status report indicating retention of an expert, reiterating doubts about the case's reasonable basis. On September 19, 2017, Petitioner filed a motion to dismiss, acknowledging that she did not expect to establish entitlement. The court found insufficient evidence in the record for Petitioner to meet her burden of proof, noting the absence of a Table injury and insufficient medical records or expert opinion to support the claim. The case was dismissed for insufficient proof on November 14, 2017. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of death. Petitioner was represented by Patricia Ann Finn of Patricia Finn, P.C., and Respondent was represented by Camille M. Collett of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that the Hepatitis B, dTap, IPV, HIB, PCV, and ROTA vaccinations received on September 22, 2014, caused the death of minor child A.F. The Special Master noted that similar theories linking vaccines to Sudden Infant Death Syndrome (SIDS) have rarely been successful in the Vaccine Program and expressed doubts about the reasonable basis of the claim absent a new theory or stronger scientific evidence. The public text does not describe a specific theory of causation, expert testimony, or a mechanism of injury. Petitioner ultimately filed a motion to dismiss, acknowledging an inability to establish entitlement. The case was dismissed for insufficient proof, as there was no evidence of a Table injury and insufficient medical records or expert opinion to support the claim. Special Master Brian H. Corcoran issued the decision on November 14, 2017. Petitioner was represented by Patricia Ann Finn, and Respondent was represented by Camille M. Collett.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00148-0
Date issued/filed: 2017-11-14
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 9/20/2017) Regarding 25 DECISION of Special Master (Signed by Special Master Brian H. Corcoran). (cr) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00148-UNJ Document 27 Filed 11/14/17 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-148V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
TAYLOR K. FRADY, on behalf of her *
deceased minor child, A.F., * Special Master Corcoran
*
* Filed: September 20, 2017
Petitioner, *
v. * Petitioner’s Motion for a Decision;
* Dismissal of Petition; Vaccine
SECRETARY OF HEALTH * Act; Denial Without Hearing.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Patricia Ann Finn, Patricia Finn, P.C., Piermont, NY, for Petitioner.
Camille M. Collett, U.S. Dep’t of Justice, Washington, D.C. for Respondent.
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
On February 1, 2016, Taylor Frady filed a petition on behalf of her minor child, A.F.,
seeking compensation under the National Vaccine Injury Compensation Program.2 The Petition
alleges that the Hepatitis B, dTap, IPV, HIB, PCV, and ROTA vaccinations received on September
22, 2014, caused A.F.’s death. See Petition (“Pet.”) at 1.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information.
Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available.
Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:16-vv-00148-UNJ Document 27 Filed 11/14/17 Page 2 of 3
After filing medical records in early March 2016, Petitioner filed a motion for extension of
time to file additional medical records and the Joint Statement of Completion. See Motion, dated
Mar. 8, 2016 (ECF No. 10). Thereafter, Petitioner obtained and filed additional medical records in
June 2016. The parties filed a Joint Statement of Completion on June 15, 2016, and Respondent
filed her Rule 4(c) Report on August 15, 2016, contesting Petitioner’s right to damages.
On September 8, 2016, I issued an order setting forth my views on the merits of this case.
In it, I explained to Petitioner that similar theories linking vaccines to infant deaths categorized as
Sudden Infant Death Syndrome (“SIDS”) have rarely been successful in the Vaccine Program. See
Order, dated Sept. 8, 2016 (ECF No. 16). I also informed the parties that I had serious doubts that
Petitioner’s claim would be successful in light of other special masters’ recent decisions.
Therefore, I directed Petitioner to show cause as to why this claim should not be dismissed.
Petitioner filed her brief, along with additional medical records, on December 16, 2016 and
Respondent submitted a response on February 16, 2017.
On August 14, 2017, after review of the parties’ submissions, I issued an order directing
Petitioner to file a motion for ruling on the record, a joint stipulation for voluntary dismissal, or a
status report indicating that she would retain an expert. See Order dated, Aug. 14, 2017 (ECF No.
23). I informed the parties that I remained unpersuaded that this case differs from SIDS cases that
have been dismissed by other special masters, absent a new theory or stronger scientific evidence,
and I doubted the case’s reasonable basis as a result. Petitioner thereafter filed a motion to dismiss
on September 19, 2017 acknowledging that, after consideration of the facts and law, she did not
expect to be able to establish entitlement in this case. ECF No. 24.
To receive compensation under the Vaccine Program, a petitioner must prove either (1)
that she suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of her vaccinations, or (2) that she suffered an injury that was actually caused
by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). An examination of the record, however, does
not uncover any evidence that A.F. suffered a Table injury. Moreover, under the Vaccine Act, a
petitioner may not receive a Vaccine Program award based solely on her claims alone. Rather, the
petition must be supported by either medical records or by the opinion of a competent medical
expert. Section 13(a)(1). In this case, however, there is insufficient evidence in the record for
Petitioner to meet her burden of proof. Petitioner’s claim therefore cannot succeed and must be
dismissed. Section 11(c)(1)(A).
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
2

Case 1:16-vv-00148-UNJ Document 27 Filed 11/14/17 Page 3 of 3
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3