VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00389
Package ID: USCOURTS-cofc-1_17-vv-00389
Petitioner: John Lowe
Filed: 2017-03-20
Decided: 2018-07-23
Vaccine: Tdap
Vaccination date: 
Condition: chronic inflammatory demyelinating polyneuropathy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
John Lowe filed a petition for vaccine compensation on March 20, 2017, alleging that a tetanus-diphtheria-acellular-pertussis (Tdap) vaccination caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The Special Master's decision, issued on July 23, 2018, noted that the information in the record did not demonstrate entitlement to an award under the National Vaccine Injury Compensation Program. To receive compensation, a petitioner must prove either a "Table Injury" listed on the Vaccine Injury Table corresponding to the vaccination or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence that the alleged injury was vaccine-caused or vaccine-related. The petition must be supported by medical records or the opinion of a competent physician. In this case, there were insufficient medical records, and the petitioner offered no medical opinion to support a finding of entitlement. Consequently, Special Master Mindy Michaels Roth dismissed the case for insufficient proof. The petitioner was represented by Ronald Homer, Esq., and the respondent was represented by Lisa Watts, Esq. The decision was originally filed on June 28, 2018.

Theory of causation field:
Petitioner John Lowe alleged that a Tdap vaccination caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The Special Master found that the record did not contain evidence of a "Table Injury" or sufficient proof that the alleged injury was vaccine-caused or vaccine-related. The petition was not supported by adequate medical records or a competent physician's opinion establishing causation. As a result, the case was dismissed for insufficient proof on July 23, 2018. Petitioner counsel was Ronald Homer, Esq., and respondent counsel was Lisa Watts, Esq. Special Master Mindy Michaels Roth issued the decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00389-0
Date issued/filed: 2018-07-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/28/2018) regarding 33 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:17-vv-00389-UNJ Document 34 Filed 07/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-389V
Filed: June 28, 2018
* * * * * * * * * * * * * *
JOHN LOWE, *
* Dismissal; Insufficient Proof;
Petitioner, * Tetanus-diphtheria-acellular
* pertussis (“Tdap”) vaccine;
v. * Chronic Inflammatory
* Demyelinating Polyneuropathy
SECRETARY OF HEALTH * (“CIDP”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Ronald Homer, Esq., Conway, Homer, P.C., Boston, MA, for petitioner.
Lisa Watts, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On March 20, 2017, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that a tetanus-diphtheria-
acellular-pertussis (“Tdap”) vaccination caused him to develop chronic inflammatory
demyelinating polyneuropathy. The information in the record, however, does not show entitlement
to an award under the Program. On June 28, 2018, petitioner filed a Motion for Dismissal Decision
requesting that his case be dismissed. ECF No. 32.
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 1:17-vv-00389-UNJ Document 34 Filed 07/23/18 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he 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 he suffered a “Table Injury” or that his 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