VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00759
Package ID: USCOURTS-cofc-1_16-vv-00759
Petitioner: Jessica Barrett
Filed: 2016-06-28
Decided: 2019-10-28
Vaccine: influenza
Vaccination date: 2013-09-30
Condition: right shoulder injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Jessica Barrett filed a petition for vaccine compensation on June 28, 2016, alleging she received an influenza vaccine on September 30, 2013, and subsequently suffered a right shoulder injury. The court reviewed the case and found that the information in the record did not support entitlement to an award under the National Vaccine Injury Compensation Program. Barrett was required to prove either a "Table Injury" or that her injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, nor did it include persuasive evidence that the alleged injury was vaccine-caused. Furthermore, the petition lacked sufficient supporting medical records or a competent physician's opinion to establish entitlement. Consequently, Barrett filed a Motion for Dismissal Decision on October 1, 2019, requesting her case be dismissed. The court granted this motion, dismissing the case for insufficient proof.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00759-1
Date issued/filed: 2019-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/1/2019) regarding 54 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:16-vv-00759-UNJ Document 55 Filed 10/28/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-759V
Filed: October 1, 2019
* * * * * * * * * * * * * *
JESSICA BARRETT, * UNPUBLISHED
*
Petitioner, *
* Dismissal; Influenza (“Flu”) Vaccine;
v. * Shoulder Injury
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Paul Brazil, Esq., Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn MacLeod, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On June 28, 2016, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that she received an influenza
(“flu”) vaccine on September 30, 2013 and thereafter suffered from a right shoulder injury. The
information in the record, however, does not show entitlement to an award under the Program. On
October 1, 2019, petitioner filed a Motion for Dismissal Decision requesting that his case be
dismissed. ECF No. 52.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
2 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-00759-UNJ Document 55 Filed 10/28/19 Page 2 of 2
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 his vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. 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.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, 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. § 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 that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate
either that she suffered a “Table Injury” or that her injuries were “actually caused” by a
vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2