VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00872
Package ID: USCOURTS-cofc-1_17-vv-00872
Petitioner: Grace Easterling
Filed: 2018-04-13
Decided: 2018-05-08
Vaccine: HPV
Vaccination date: 
Condition: chronic arthralgias
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On April 13, 2018, Stephanie Easterling filed a petition on behalf of her minor daughter, Grace Easterling, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Grace developed chronic arthralgias and other symptoms as a result of receiving human papillomavirus (HPV) vaccinations on June 10, 2013, August 13, 2013, and July 1, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report contesting entitlement and requesting dismissal. The Special Master granted an extension for the petitioner to file a status report. On April 9, 2018, the petitioner filed a motion to dismiss her own petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation. The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that claims must be supported by medical records or expert opinion. The public decision does not describe the specific onset of symptoms, medical records, expert opinions, or the mechanism of injury. As there was insufficient evidence in the record for the Petitioner to meet her burden of proof, and in accordance with her motion, the case was dismissed for insufficient proof. No award was made. The decision was issued by Special Master Katherine E. Oler on May 8, 2018. Petitioner's counsel was Joseph Leo Krueger of Siri & Glimstad, LLP, and respondent's counsel was Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged chronic arthralgias and other symptoms following HPV vaccinations administered on June 10, 2013, August 13, 2013, and July 1, 2014. The case was dismissed upon Petitioner's motion due to insufficient proof to establish entitlement. To receive compensation, Petitioner must prove either a Table Injury or actual causation by the vaccine, supported by medical records or expert opinion. The public decision does not specify whether the alleged injury was a Table Injury or provide details on the medical records, expert opinions, or the proposed mechanism of causation. The case was dismissed for insufficient proof. Special Master Katherine E. Oler issued the decision on May 8, 2018. Petitioner was represented by Joseph Leo Krueger, and Respondent by Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00872-0
Date issued/filed: 2018-05-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/13/2018) regarding 24 DECISION of Special Master. Signed by Special Master Katherine E. Oler. (bl) Service on parties made.
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Case 1:17-vv-00872-UNJ Document 25 Filed 05/08/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-872V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
GRACE EASTERLING, Individually, * Special Master Oler
*
* Filed: April 13, 2018
Petitioner, *
v. * Petitioner’s Motion for a Decision;
* Dismissal of Petition; Vaccine
SECRETARY OF HEALTH * Act; Denial Without Hearing.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Joseph Leo Krueger, Siri & Glimstad, LLP, New York, NY, for Petitioner.
Lara Ann Englund, U.S. Dep’t of Justice, Washington, D.C. for Respondent.
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
On June 27, 2017, Stephanie Easterling filed a petition on behalf of her then-minor
daughter, Grace Easterling (now “Petitioner”), seeking compensation under the National Vaccine
Injury Compensation Program,2 alleging that Petitioner developed chronic arthralgias and other
symptoms as a result of human papillomavirus vaccinations that Petitioner received on June 10,
2013, August 13, 2013, and July 1, 2014. Petition, ECF No. 1.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), 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 Decision in its present form will be
available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:17-vv-00872-UNJ Document 25 Filed 05/08/18 Page 2 of 2
Petitioner filed a Statement of Completion on December 8, 2017. ECF No. 17.
Thereafter, Respondent filed a Rule 4(c) Report on February 5, 2018, contesting Petitioner’s
right to damages, and requesting dismissal of the claim. ECF No. 19.
I gave Petitioner an initial deadline of March 9, 2018 to file a status report, notifying the
Court on how she wishes to proceed in this case. I extended this deadline to April 9, 2018. On
April 9, 2018, Petitioner filed the present motion to dismiss her non-table claim, indicating that
“[a]n investigation of the facts and science supporting this case has demonstrated to Petitioner
that she will be unable to prove that she is entitled to compensation in the Vaccine Program.”
See Petitioner’s Motion for a Decision Dismissing Her Petition, ECF No. 23.
To receive compensation under the Vaccine 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 Sections 13(a)(1)(A) and 11(c)(1). Moreover, under the Vaccine Act, a
petitioner may not receive a Vaccine Program award based solely on her claims alone. Rather,
the petition must be supported by either medical records or by the opinion of a competent
medical expert. Section 13(a)(1). In this case, however, there is insufficient evidence in the
record for Petitioner to meet her burden of proof. Petitioner’s claim therefore cannot succeed
and in accordance with her motion, must be dismissed. Section 11(c)(1)(A).
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
2