VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00374
Package ID: USCOURTS-cofc-1_16-vv-00374
Petitioner: Larry Gordon
Filed: 2016-03-24
Decided: 2016-04-04
Vaccine: 
Vaccination date: 2015-10-28
Condition: various injuries
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On March 24, 2016, Larry Gordon filed a petition for vaccine compensation alleging that on October 28, 2015, he suffered various injuries due to a dye administered during a magnetic resonance imaging test. The Special Master, George L. Hastings, Jr., reviewed the petition. To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate they received a vaccine listed in the Vaccine Injury Table and sustained an injury caused by a vaccine covered by the program. The public decision does not describe the specific injuries alleged, the petitioner's counsel, the respondent's counsel, or any expert testimony. Mr. Gordon did not state a claim that he received a vaccination set forth in the Vaccine Injury Table, nor did he allege that a vaccine caused his injuries. The Special Master determined that the dye administered was not a vaccine covered by the Program. Because the petition failed to state a claim upon which relief could be granted, the petition was dismissed. No award was made. The decision was issued on April 4, 2016.

Theory of causation field:
Petitioner Larry Gordon filed a petition on March 24, 2016, alleging various injuries on October 28, 2015, from a dye administered during an MRI. The Special Master George L. Hastings, Jr. dismissed the petition on April 4, 2016, for failure to state a claim. The public decision does not specify the dye, the alleged injuries, the petitioner's age, or the specific vaccine(s) involved. The Special Master found that the substance administered was not a vaccine covered by the National Vaccine Injury Compensation Program and that the petition failed to allege receipt of a vaccine listed in the Vaccine Injury Table or that a vaccine caused the alleged injuries. No award was made. The public decision does not mention any experts or provide a detailed mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00374-0
Date issued/filed: 2016-05-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/04/2016) regarding 5 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:16-vv-00374-JFM Document 9 Filed 05/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-374V
Filed: April 4, 2016
Not to be Published
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LARRY GORDON - 53405 *
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Petitioner, *
* Dismissal; Failure to State a Claim
v. *
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SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
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Respondent. *
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DECISION DISMISSING PETITION
HASTINGS, Special Master
On March 24, 2016, Larry Gordon filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”).1 Mr. Gordon alleges that he
suffered various injuries on October 28, 2015, because a dye was administered to him via
injection during a magnetic resonance imaging test (“MRI”). The information in the record,
however, does not show entitlement to an award under the Program.
A Vaccine Program petition may be dismissed for failure to state a claim, pursuant to
RCFC 12(b)(6). That rule requires a petitioner to provide “a short and plain statement of the
claim, which shows that the petitioner is entitled to relief.” Totes–Isotoner Corp. v. United
States, 594 F3d 1346 (Fed.Cir. 2010), (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007); Scanlon v. HHS, No. 13–219V, 2013 WL 5755061 (Fed.Cl.Spec.Mstr. Sept. 27, 2013)
aff’d, 114 Fed.Cl. 135 (Fed.Cl. 2013); see also Vaccine Rule 2(c)(1).
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-00374-JFM Document 9 Filed 05/06/16 Page 2 of 2
To be eligible for compensation under the Vaccine Act, a petitioner must demonstrate
that he “received a vaccine set forth in the Vaccine Injury Table.” '300 aa-11(c)(1)(A). Further,
a petitioner must demonstrate that he sustained an injury caused by a vaccine covered by the
Vaccine Act. '300 aa-11(c)(1)(C). However, Mr. Gordon has not stated a claim that he received
a vaccination set forth in the Vaccine Injury Table, or that a vaccine caused his injuries. The dye
that he says was injected into him, plainly was not a vaccine at all, much less a vaccine covered
by the Program. Thus, Mr. Gordon’s petition fails to state a claim upon which relief may be
granted. Accordingly, his petition is DISMISSED. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
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George L. Hastings, Jr.
Special Master