VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01608
Package ID: USCOURTS-cofc-1_16-vv-01608
Petitioner: Amber Peterson
Filed: 2016-12-05
Decided: 2017-08-11
Vaccine: Tdap
Vaccination date: 2016-11-07
Condition: unspecified illness
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Amber Peterson filed a petition on December 5, 2016, alleging that she became ill and was hospitalized as a result of a Tdap vaccination she received on November 7, 2016. The petition alleged an unspecified illness. The Special Master issued an order to show cause on May 31, 2017, directing Ms. Peterson to demonstrate why the case should not be dismissed for failure to prosecute by July 31, 2017. Ms. Peterson did not respond to this order. The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, and Ms. Peterson did not submit any medical records or physician opinions to support a causation-in-fact claim. Consequently, the case was dismissed for failure to prosecute and for insufficient proof. No award was granted. The decision was signed by Special Master Christian J. Moran.

Theory of causation field:
Petitioner Amber Peterson alleged an unspecified illness and hospitalization following a Tdap vaccination on November 7, 2016. The case was dismissed for failure to prosecute after the petitioner failed to respond to an order to show cause. The Special Master found no evidence of a "Table Injury" and no medical records or physician opinions to support a causation-in-fact claim. The public decision does not describe the specific mechanism of injury or name any experts. The case was dismissed by Special Master Christian J. Moran on August 11, 2017, with no award granted.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01608-0
Date issued/filed: 2017-09-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/11/2017) regarding 18 DECISION of Special Master Signed by Special Master Christian J. Moran. (fl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01608-UNJ Document 20 Filed 09/14/17 Page 1 of 2
REISSUED FOR PUBLICATION
ORIGINAL
SEP 14 2017
OSM
U.S. COURT OF FEDERAL CLAIMS
1Jn tqr lnitrh §tatrn Qlourt of 1J1rhrral Qllaimn
FILED
OFFICE OF SPECIAL MASTERS
AUG 11 2017
* * * * * * * * * * * * * * * * * * * * *
AMBER PETERSON, * DSM
U.S. COURT OF
* No. 16-1608V FEDERAL CLAIMS
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: August 11, 2017
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Decision dismissing case;
* failure to prosecute.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Amber Peterson, Las Vegas, NV, prose;
Alexis Babcock, United States Dep't of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Amber Peterson filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10 through 34 (2012) on December 5, 2016. The
petition alleged that she developed an unspecified illness that caused her to be
hospitalized as a result of the Tdap vaccination she received on November 7, 2016.
The information in the record, however, does not show entitlement to an award
under the Program.
I. Procedural History
A detailed procedural history of this case can be found in the order to show
cause, filed May 31, 2017. In that order, Ms. Peterson was instructed to show
1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). Pursuant to Vaccine Rule 18(b), the parties have 14 days to
file a motion proposing redaction of medical information or other information described in 42
U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the
document posted on the website.

Case 1:16-vv-01608-UNJ Document 20 Filed 09/14/17 Page 2 of 2
cause as to why this case should not be dismissed by July 31, 2017. To date, Ms.
Peterson has not responded.
II. Analysis
When a petitioner (or plaintiff) fails to comply with Court orders to
prosecute her case, the Court may dismiss the case. Sapharas v. Sec'y of Health &
Human Servs., 35 Fed. Cl. 503 (1996); Tsekouras v. Sec'y of Health & Human
Servs., 26 Cl. Ct. 439 (1992), affd, 991F.2d819 (Fed. Cir. 1993) (table); Vaccine
Rule 2l(c); see also Claude E. Atkins Enters., Inc. v. United States, 889 F.2d 1180,
1183 (Fed. Cir. 1990) (affirming dismissal of case for failure to prosecute for
counsel's failure to submit pre-trial memorandum); Adkins v. United States, 816
F .2d 1580, 1583 (Fed. Cir. 1987) (affirming dismissal of case for failure of party to
respond to discovery requests).
Additionally, to receive compensation under the National Vaccine Injury
Compensation Program (hereinafter "the 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§§ 300aa-13(a)(l)(A) and 300aa
l l(c)(l). An examination of the record did not uncover any evidence that Ms.
Peterson suffered a "Table Injury." Thus, Ms. Peterson is necessarily pursuing a
causation-in-fact claim.
Under the Act, a 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)(l). In
this case, Ms. Peterson did not file any medical records to support her claim.
Accordingly, Ms. Peterson 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 failure to prosecute and for insufficient
proof. The Clerk shall enter judgment accordingly. See Vaccine Rule 2l(b).
IT IS SO ORDERED.
~..,~&4=
Christian J. Mor~"
Special Master
2