VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00634
Package ID: USCOURTS-cofc-1_18-vv-00634
Petitioner: Alia J. Stone
Filed: 2018-05-03
Decided: 2021-02-24
Vaccine: meningococcal and/or Hepatitis B
Vaccination date: 
Condition: acute disseminated encephalomyelitis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Alia J. Stone filed a petition for vaccine compensation on May 3, 2018, alleging that the meningococcal and/or Hepatitis B vaccination caused her to develop acute disseminated encephalomyelitis (ADEM). The Special Master, Mindy Michaels Roth, noted that to receive compensation under the Program, a petitioner must prove either a "Table Injury" corresponding to the vaccination or that the injury was actually caused by a vaccine. Additionally, the petitioner must satisfy a "severity requirement." This requirement can be met by demonstrating residual effects of the alleged injury for more than six months after vaccination, or by showing the injury resulted in inpatient hospitalization and surgical intervention. The medical records and evidence submitted in Ms. Stone's case did not demonstrate that she suffered residual effects of the alleged ADEM for more than six months after vaccination, nor that the injury required inpatient hospitalization and surgical intervention. Consequently, Ms. Stone did not meet the Program's severity requirement and was found ineligible for compensation. The case was dismissed on February 24, 2021, with judgment entered accordingly. Nancy Meyers, Esq., represented the petitioner, and Mary E. Holmes, Esq., represented the respondent.

Theory of causation field:
Petitioner Alia J. Stone alleged that the meningococcal and/or Hepatitis B vaccination caused her to develop acute disseminated encephalomyelitis (ADEM). The case was dismissed by Special Master Mindy Michaels Roth on February 24, 2021, because the petitioner failed to meet the Program's severity requirement. The evidence did not demonstrate residual effects of the alleged ADEM for more than six months post-vaccination, nor did it show that the injury required inpatient hospitalization and surgical intervention. The public decision does not describe the specific vaccine dates, petitioner's age at vaccination, specific symptoms, medical tests, treatments, or the mechanism of injury. No specific experts were named in the public decision. Petitioner's counsel was Nancy Meyers, Esq., and respondent's counsel was Mary E. Holmes, Esq. The case was dismissed, and no award was granted.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00634-0
Date issued/filed: 2021-02-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/29/2021) regarding 47 DECISION of Special Master Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
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Case 1:18-vv-00634-UNJ Document 49 Filed 02/24/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-634V
Filed: January 29, 2021
* * * * * * * * * * * * * *
ALIA J. STONE, * Dismissal; Meningococcal
* Vaccine; Hepatitis B Vaccine;
Petitioner, * Acute Disseminated Encephalomyelitis
* (“ADEM”); Severity Requirement
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Nancy Meyers, Esq., Turning Point Litigation, Greensboro, NC, for petitioner.
Mary E. Holmes, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On May 3, 2018, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that the meningococcal and/or
Hepatitis B vaccination caused her to develop acute disseminated encephalomyelitis (“ADEM”).
The information in the record, however, does not show entitlement to an award under the Program.
On January 29, 2021, petitioner filed a Motion for Dismissal Decision requesting that her case be
dismissed. ECF No. 46.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’ 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 1:18-vv-00634-UNJ Document 49 Filed 02/24/21 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to her vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). Additionally, petitioner must also satisfy what has been deemed the
“severity requirement.” See §§ 11(c)(1)(B)-(D). To satisfy the severity requirement where the
alleged injury is not death, petitioner can demonstrate that she suffered the residual effects of the
alleged injury for more than six months after the administration of the vaccine or that she suffered
from an alleged injury which resulted in inpatient hospitalization and surgical intervention. See
§ 11(c)(1)(D)(i).
Petitioner’s medical records and other evidence filed in this matter failed to satisfy her
burden that she suffered residual effects of her alleged ADEM for more than six months after her
meningococcal and/or Hepatitis B vaccination, or that the alleged ADEM required both inpatient
hospitalization and surgical intervention. Therefore, petitioner is ineligible to receive
compensation in the Vaccine Program.
Thus, this case is dismissed. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2