VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00822
Package ID: USCOURTS-cofc-1_17-vv-00822
Petitioner: Zaire Corvell Thomas
Filed: 2017-06-19
Decided: 2018-09-10
Vaccine: DTaP
Vaccination date: 2016-03-03
Condition: cardiac arrest and death
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On June 19, 2017, Felicia Thomas, as executor for the estate of Zaire Corvell Thomas, deceased, filed a petition for vaccine compensation on behalf of her minor child. Petitioner alleged that Zaire received diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B, inactivated poliovirus (IPV), hemophilus influenzae B (Hib), pneumococcal conjugate, and rotavirus vaccinations on December 23, 2015, and March 3, 2016. These vaccinations, petitioner claimed, resulted in Zaire's subsequent cardiac arrest and death. The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific clinical course of Zaire's alleged injury or death, nor does it name the petitioner's counsel, Joseph Krueger, Esq., or respondent's counsel, Sarah Duncan, Esq. Special Master Mindy Michaels Roth reviewed the case. To receive compensation under the National Vaccine Injury Compensation Program, the petitioner was required to prove either that Zaire suffered a "Table Injury" corresponding to his vaccinations or that Zaire suffered an injury that was actually caused by a vaccine. The Special Master found that the record did not contain evidence that Zaire suffered a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that Zaire's alleged injuries were vaccine-caused or vaccine-related. The public decision notes that under the Vaccine Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or the opinion of a competent physician. In this case, the record did not contain sufficient medical records supporting the claim, and the petitioner offered no medical opinion that supported a finding of entitlement. Consequently, Special Master Roth concluded that the petitioner failed to demonstrate either a "Table Injury" or that the injuries were "actually caused" by a vaccination. The case was dismissed for insufficient proof. The decision date was September 10, 2018.

Theory of causation field:
Petitioner Felicia Thomas, on behalf of the estate of minor Zaire Corvell Thomas, alleged that DTaP, Hepatitis B, IPV, Hib, pneumococcal conjugate, and rotavirus vaccinations administered on December 23, 2015, and March 3, 2016, caused Zaire's cardiac arrest and death. The Special Master found no evidence of a "Table Injury" and insufficient persuasive evidence that the vaccinations actually caused the alleged injuries. The public decision states the record lacked supporting medical records and a competent physician's opinion linking the death to the vaccines. Petitioner failed to demonstrate entitlement. The case was dismissed for insufficient proof by Special Master Mindy Michaels Roth on September 10, 2018. Petitioner's counsel was Joseph Krueger, Esq., and respondent's counsel was Sarah Duncan, Esq. No award was made.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00822-0
Date issued/filed: 2018-09-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/14/2018) regarding 27 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00822-UNJ Document 29 Filed 09/10/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-822V
Filed: August 14, 2018
* * * * * * * * * * * * * *
FELICIA THOMAS, as executor for * UNPUBLISHED
the estate of ZAIRE CORVELL *
THOMAS, deceased, *
* Dismissal; Diphtheria-tetanus-acellular
Petitioner, * pertussis (“DTaP”) Vaccine; Hepatitis B
* Vaccine; Inactivated Poliovirus (“IPV”)
v. * Vaccine; Hemophilus influenzae B
* (“Hib”) Vaccine; Pneumococcal
SECRETARY OF HEALTH * Conjugate Vaccine; Rotavirus Vaccine;
AND HUMAN SERVICES, * Cardiac Arrest; Death.
*
Respondent. *
* * * * * * * * * * * * * *
Joseph Krueger, Esq., Siri & Glimstad, LLP, New York, NY, for petitioner.
Sarah Duncan, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On June 19, 2017, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”)2 on behalf of her minor child, Zaire
Corvell Thomas. Petitioner alleged that Zaire received diphtheria-tetanus-acellular pertussis
(“DTaP”), hepatitis B, inactivated poliovirus (“IPV”), hemophilus influenzae B (“Hib”),
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-00822-UNJ Document 29 Filed 09/10/18 Page 2 of 2
pneumococcal conjugate, and rotavirus vaccinations on December 23, 2015 and March 3, 2016,
which resulted in Zaire’s subsequent cardiac arrest and death. The information in the record,
however, does not show entitlement to an award under the Program. On August 13, 2018,
petitioner filed a Motion for Dismissal Decision requesting that her case be dismissed. ECF No.
26.
To receive compensation under the Program, petitioner must prove either 1) that Zaire
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccinations, or 2) that Zaire 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 Zaire
suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating that
Zaire’s alleged injuries were 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 Zaire 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