VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00718
Package ID: USCOURTS-cofc-1_17-vv-00718
Petitioner: L.J.
Filed: 2017-05-31
Decided: 2018-08-08
Vaccine: influenza
Vaccination date: 2014-11-18
Condition: idiopathic thrombocytopenic purpura
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On May 31, 2017, Lauren Jankowski filed a petition on behalf of her minor child, L.J., alleging that L.J. suffered from idiopathic thrombocytopenic purpura (ITP) as a result of an influenza vaccine received on November 18, 2014. The petition was filed pursuant to the National Vaccine Injury Compensation Program. The case progressed, and on June 29, 2018, the petitioner filed a motion to dismiss the petition. In the motion, the petitioner conceded that an investigation of the facts and science supporting her case demonstrated that she would be unable to prove entitlement to compensation under the Program. The respondent did not object to the motion. To receive compensation, a petitioner must prove either that the injury is listed on the Vaccine Injury Table corresponding to the vaccination or that the vaccine actually caused the injury. The public decision states that an examination of the record did not uncover any evidence that L.J. suffered a "Table Injury." Furthermore, the record was found to not contain persuasive evidence that L.J.'s alleged injury was caused by the flu vaccine. The decision noted that under the Act, petitions cannot be based solely on claims alone and must be supported by medical records or the opinion of a competent physician. In this case, the medical records were deemed insufficient to prove the claim, and the petitioner had not filed a supportive expert opinion. Consequently, the case was dismissed for insufficient proof by Special Master Herbrina Sanders. The Clerk was directed to enter judgment accordingly.

Theory of causation field:
Petitioner Lauren Jankowski, on behalf of minor L.J., alleged that an influenza vaccine administered on November 18, 2014, caused idiopathic thrombocytopenic purpura (ITP). The petition was filed on May 31, 2017. On June 29, 2018, Petitioner moved to dismiss, conceding inability to prove entitlement to compensation. The Special Master's decision noted that the record lacked evidence of a "Table Injury" and did not contain persuasive evidence that the flu vaccine actually caused L.J.'s alleged ITP. The medical records were deemed insufficient, and no supportive expert opinion was filed. The case was dismissed for insufficient proof by Special Master Herbrina Sanders on August 8, 2018. Petitioner's counsel was Mark T. Sadaka, and Respondent's counsel was Heather L. Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00718-0
Date issued/filed: 2018-08-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/29/2018) regarding 30 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (azc) Service on parties made.
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Case 1:17-vv-00718-UNJ Document 33 Filed 08/08/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 29, 2018
* * * * * * * * * * * * * * * * * * * * * * * * *
LAUREN JANKOWSKI, on behalf of * No. 17-718V
L.J., a minor, *
*
Petitioner, * Special Master Sanders
*
v. *
* Dismissal; Insufficient Proof;
SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Idiopathic
AND HUMAN SERVICES, * Thrombocytopenic Purpura (“ITP”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner.
Heather L. Pearlman, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On May 31, 2017, Lauren Jankowski (“Petitioner”) filed a petition on behalf of L.J., a
minor, pursuant to the National Vaccine Injury Compensation Program (“Vaccine Program”).2
42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that L.J. suffered from idiopathic
thrombocytopenic purpura (“ITP”) as a result of an influenza (“flu”) vaccine he received on
November 18, 2014. Pet. at 1, ECF No. 1. The information in the record, however, does not
show entitlement to an award under the Program.
On June 29, 2018, Petitioner submitted a motion to dismiss her petition. ECF No. 29. In
her motion, Petitioner conceded that “[a]n investigation of the facts and science supporting her
case has demonstrated to [P]etitioner that she will be unable to prove that she is entitle[d] to
1 This decision shall be posted on the United States Court of Federal Claims’ website, in
accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). In accordance with Vaccine
Rule 18(b), a party has 14 days to identify and move to delete medical or other information that
satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a
motion for redaction must include a proposed redacted decision. If, upon review, the
undersigned agrees that the identified material fits within the requirements of that provision, such
material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.
Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent
subparagraph of 42 U.S.C. § 300aa (2012).

Case 1:17-vv-00718-UNJ Document 33 Filed 08/08/18 Page 2 of 2
compensation in the Vaccine Program.” Id. at 1. Respondent did not object. Id. at 2.
To receive compensation under the Program, Petitioner must prove either (1) that L.J.
suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—corresponding
to the vaccination, or (2) that he suffered an injury that was actually caused by a vaccine. See
§§ 13(a)(1)(A), 11(c)(1). An examination of the record did not uncover any evidence that L.J.
suffered a “Table Injury.” Further, the record does not contain persuasive evidence that L.J.’s
alleged injury was caused by the flu vaccine.
Under the Act, petitioners may not be given a Program award based solely on their claims
alone. Rather, the petition must be supported by medical records or the opinion of a competent
physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner’s
claim, and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this
case must be dismissed for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2