VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00256
Package ID: USCOURTS-cofc-1_18-vv-00256
Petitioner: Daniel Ramos, as parent of his minor child, A.R., deceased
Filed: 2018-02-20
Decided: 2020-02-27
Vaccine: DTaP, PCV, Hib
Vaccination date: 2016-02-17
Condition: death
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Daniel Ramos, as parent of his minor child A.R., deceased, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 20, 2018. The petition alleged that A.R. died as a result of Diphtheria-Tetanus-acellular Pertussis (DTaP), pneumococcal conjugate (PCV), and Haemophilus influenzae type b (Hib) vaccinations administered on February 17, 2016. The public decision does not describe the onset of symptoms or specific clinical details surrounding the death. On November 7, 2019, the Federal Circuit ruled in a related matter that the evidence did not support a sound and reliable medical theory linking vaccines to Sudden Infant Death Syndrome (SIDS) via the Triple Risk Model. Following this decision, on January 31, 2020, the petitioner filed a status report indicating a decision to move to conclude the case. On February 26, 2020, the petitioner formally moved for a decision dismissing his case, stating that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation. The petitioner acknowledged that a dismissal would result in a judgment against him, ending his rights under the Vaccine Act, but elected to reject the program judgment to pursue a civil action. Petitioner counsel was Renee J. Gentry of the Vaccine Injury Clinic, George Washington University Law School. Respondent counsel was Darryl Wishard of the United States Department of Justice. Special Master Nora Beth Dorsey reviewed the record and the petitioner's motion. The Special Master found that the petitioner did not meet the statutory requirements for entitlement to compensation, specifically referencing the threshold criteria for seeking entry into the compensation program as explained in Black v. Sec’y of Health & Human Servs. Accordingly, the case was dismissed, and judgment was entered against the petitioner on February 27, 2020. The public decision does not mention any award amount or annuity terms.

Theory of causation field:
Petitioner Daniel Ramos, as parent of his minor child A.R., deceased, alleged that DTaP, PCV, and Hib vaccinations administered on February 17, 2016, caused A.R.'s death. The public text does not specify the theory of causation or any medical experts. Following a Federal Circuit decision in Boatman v. Sec’y of Health & Human Servs. (941 F.3d 1351) which found no sound and reliable medical theory linking vaccines to SIDS via the Triple Risk Model, the petitioner moved to dismiss his case, stating he could not prove entitlement. Special Master Nora Beth Dorsey reviewed the record and petitioner's motion, finding that petitioner did not meet the statutory requirements for entitlement under 42 U.S.C. § 300aa-11(c)(1)(D)(i). The case was dismissed on February 27, 2020, with judgment entered against the petitioner. Petitioner counsel was Renee J. Gentry; respondent counsel was Darryl Wishard. No award was made.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00256-0
Date issued/filed: 2020-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/27/2020) regarding 42 DECISION of Special Master. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:18-vv-00256-UNJ Document 46 Filed 03/23/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 27, 2020
* * * * * * * * * * * * * * * * * * *
DANIEL RAMOS, as parent of his * UNPUBLISHED
minor child, A.R., deceased, *
* No. 18-256V
Petitioner, *
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Petitioner’s Motion for Decision Dismissing
AND HUMAN SERVICES, * His Petition; Diphtheria-Tetanus-acellular
* Pertussis (“DTaP”) Vaccine; Pneumococcal
Respondent. * Conjugate (“PCV”); Haemophilus
* Influenzae Type b (“Hib”); Death.
* * * * * * * * * * * * * * * * * * *
Renee J. Gentry, Vaccine Injury Clinic, George Washington University Law School,
Washington, DC, for petitioner.
Darryl Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On February 20, 2018, Daniel Ramos (“petitioner”), as parent of his minor child, A.R.,
filed a petition for compensation under the National Vaccine Injury Compensation Program (“the
Program”)2 alleging that A.R. died as a result of a Diphtheria-Tetanus-acellular Pertussis
(“DTaP”), pneumococcal conjugate (“PCV”), and haemophilus influenzae type b (“Hib”)
vaccinations administered on February 17, 2016. Petition at 1; Respondent’s Report at 1. The
information in the record, however, does not show entitlement to an award under the Program.
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it 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). This means the Decision will
be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b),
petitioner has 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 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.
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Case 1:18-vv-00256-UNJ Document 46 Filed 03/23/20 Page 2 of 2
On November 7, 2019, the Federal Circuit did not find preponderant evidence that
petitioner had presented a “sound and reliable” medical theory that vaccines were like infections
so as to implicate the Triple Risk Model of causation applicable to SIDS. Boatman v. Sec’y of
Health & Human Servs., 941 F.3d 1351, 1360-63 (Fed. Cir. 2019). On January 31, 2020,
petitioner filed a status report indicating that “[a]fter considerable thought, [p]etitioner has
decided to move to conclude his case in light of the Federal Circuit’s decision Boatmon.” ECF
No. 39.
On February 26, 2020, petitioner moved for a decision dismissing his case, stating that
“[a]n investigation of the facts and science supporting has demonstrated to the [p]etitioner that he
will be unable to prove that he is entitled to compensation in the Vaccine Program,” and thus, “to
proceed any further would be unreasonable and would waste the resources of the Court, the
respondent, and the Vaccine Program.” Petitioner’s Motion for Decision Dismissing his Petition
at ¶¶ 1-2. Petitioner states that he understands that a decision by the Special Master will result in
a judgment against him, and that he has been advised that such a judgment will end all of his
rights under the Vaccine Act. Id. at ¶ 3. Petitioner states that he understands that he may apply
for costs once his case is dismissed and judgment is entered against him and that respondent
expressly reserves the right to question good faith and reasonable basis of his claim and oppose
his application for cost if appropriate. Id. at ¶ 4. Additionally, Petitioner intends to protect his
right to file a civil action, and pursuant to the Act, he intends to elect to reject the Vaccine
Program judgment against him and elect to file a civil action. Id. at ¶ 5.
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 the vaccination, or (2) that he suffered an injury that was actually caused by the vaccination.
See §§ 13(a)(1)(A) and 11(c)(1). The records submitted by petitioner show that he does not meet
the statutory requirement under 42 U.S.C. § 300aa-11(c)(1)(D)(i) to establish entitlement to
compensation. The Federal Circuit has explained that the eligibility requirements in Section
11(c) are not mere pleading requirements or matters of proof at trial, but instead are “threshold
criteri[a] for seeking entry into the compensation program.” Black v. Sec’y of Health & Human
Servs., 93 F.3d 781, 785-87 (Fed. Cir. 1996).
Accordingly, in light of petitioner’s motion and a review of the record, the undersigned
finds that petitioner is not entitled to compensation. Thus, this case is dismissed. The Clerk
shall enter judgment accordingly.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2