{"package_id":"USCOURTS-cofc-1_16-vv-01245","decision_granule_id":"USCOURTS-cofc-1_16-vv-01245-0","petitioner_identifier":"Susan Dean","is_minor":0,"age_at_vaccination":53.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2013-10-07","condition_raw":"significant aggravation of an underlying respiratory condition","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2018-05-29","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:55:58.820069+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Petitioner Susan Dean filed a petition alleging a significant aggravation of a respiratory condition from an influenza vaccine prick percutaneous allergy test on October 7, 2013. The respondent argued the test was not a \"vaccine\" or \"administration of a vaccine\" under the National Vaccine Injury Compensation Act. The Special Master, Chief Special Master Nora Beth Dorsey, agreed, finding the prick percutaneous allergy test was a diagnostic procedure, not an immunization. The test involved minute amounts of Fluzone pricked onto the epidermis, not administered for the purpose of immunization. The Special Master concluded petitioner did not \"receive\" a vaccine as defined by the Act, as the vaccine was not administered intramuscularly as intended and only exposed to the outermost skin layer. The petition was dismissed as petitioner failed to demonstrate she received a vaccine listed in the Vaccine Injury Table. No specific medical experts were named in the public decision. The decision was issued on May 29, 2018. Attorneys involved were Ronald C. Homer for the petitioner and Mallori B. Openchowski for the respondent.","is_death":0,"date_of_death":null,"petition_filed_date":"2016-09-30","case_summary":"On September 30, 2016, Susan Dean filed a petition under the National Vaccine Injury Compensation Program, alleging that she suffered a significant aggravation of an underlying respiratory condition due to a prick percutaneous allergy test for the influenza vaccine administered on October 7, 2013. Ms. Dean, born July 3, 1960, was 53 years old at the time of the test and had a history of asthma and other respiratory issues. The test involved two \"test doses\" of Fluzone, an influenza vaccine, pricked onto the epidermal layer of her skin. The respondent, the Secretary of Health and Human Services, argued that the procedure did not constitute the \"administration of a vaccine\" or the \"receipt\" of a vaccine as intended by the National Vaccine Injury Compensation Act. The parties stipulated that a prick percutaneous allergy test involves placing a small amount of an allergen on the epidermal layer of the skin and that the test doses used were of the influenza virus vaccine. The petitioner argued that the content of the test, the flu vaccine itself, made it a vaccine under the Act. The respondent filed a Motion to Dismiss, which the Special Master considered. The Special Master reviewed the medical history of Ms. Dean, noting her pre-existing respiratory conditions and her history of reactions to flu vaccines, which led to her exemption from the mandatory annual flu vaccination at her workplace. To maintain her exemption, she underwent the allergy testing. The procedure involved pricking the skin with two test doses of Fluzone. The medical records indicated that Ms. Dean experienced some symptoms after the test, including congestion, cough, and shortness of breath, leading to her hospitalization for an acute exacerbation of her asthma. However, the Special Master noted that neither the alleged reaction to the test nor the subsequent treatment was documented in the medical records. The Special Master analyzed the definitions of \"administration of a vaccine,\" \"receipt\" of a vaccine, and \"vaccine\" under the Act. The Special Master found that the prick percutaneous allergy test was a diagnostic procedure, not an immunization, and that the minute amount of vaccine pricked onto the outermost layer of the skin did not constitute the \"administration\" or \"receipt\" of a vaccine as intended by the Act. The Special Master concluded that the purpose of the test was to diagnose an allergy, not to provide immunization, and that the Act's coverage was not intended to extend to diagnostic allergy testing. Therefore, the Special Master granted the respondent's Motion to Dismiss and dismissed the petition, finding that Ms. Dean did not receive a vaccine under the Act and was not entitled to compensation. The decision was issued by Chief Special Master Nora Beth Dorsey.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Nora Beth Dorsey","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Ronald C. Homer","petitioner_attorney_firm":"Conway, Homer, P.C.","petitioner_attorney_location":"Boston, MA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|ronald-homer|","firm_canonical_key":"conway-homer","package_title":"DEAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01245","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01245.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01245.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_16-vv-01245-0","title":"DEAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 05/29/2018) regarding 48 DECISION of Special Master Signed by Chief Special Master Nora Beth Dorsey. (tlf) Service on parties made.","date_issued":"2018-06-25","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-01245/granules/USCOURTS-cofc-1_16-vv-01245-0/pdf","pdf_bytes":313387,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_16-vv-01245/USCOURTS-cofc-1_16-vv-01245-0"},{"granule_id":"USCOURTS-cofc-1_16-vv-01245-1","title":"DEAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 02/07/2019) regarding 55 DECISION of Special Master - Fees ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.","date_issued":"2019-06-13","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}