VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00770 Package ID: USCOURTS-cofc-1_18-vv-00770 Petitioner: M.A. Filed: 2018-05-31 Decided: 2020-12-15 Vaccine: Hepatitis B Vaccination date: 2016-02-02 Condition: death Outcome: dismissed Award amount USD: AI-assisted case summary: On May 31, 2018, Kerstina Alexander, on behalf of her minor child M.A., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that M.A. died due to vaccines received on February 2, 2016, March 23, 2016, and May 26, 2016. The vaccines included Hepatitis B, Prevnar 13, Pentacel (DTaP-b), and Rotavirus. After initiating the case, the petitioner investigated the facts and science and concluded that she would be unable to prove entitlement to compensation. Consequently, on December 2, 2020, the petitioner filed an unopposed motion to dismiss the case, stating that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the program. The respondent, the Secretary of Health and Human Services, did not object to the motion. Special Master Herbrina Sanders noted that to receive compensation, a petitioner must prove either a Table injury corresponding to the vaccination or that the vaccine actually caused the injury. The public decision states that the record did not contain evidence of a Table injury, nor persuasive evidence that the vaccines caused M.A.'s death. The Special Master also noted that petitions must be supported by medical records or a physician's opinion, which were insufficient in this case, and that the petitioner had not filed a supportive opinion from an expert witness. Therefore, the case was dismissed for insufficient proof. Jonathan J. Svitak represented the petitioner, and Voris E. Johnson represented the respondent. The decision was issued on December 15, 2020. Theory of causation field: Petitioner Kerstina Alexander, on behalf of minor M.A., alleged that M.A. died due to vaccines received on February 2, 2016 (Hepatitis B), March 23, 2016 (Hepatitis B, Prevnar 13, Pentacel, Rotavirus), and May 26, 2016 (Prevnar 13, Pentacel, Rotavirus). The case was dismissed via unopposed motion by the petitioner on December 2, 2020, due to insufficient proof. The Special Master found no evidence of a Table injury and no persuasive evidence that the vaccines caused M.A.'s death. The petition lacked sufficient supporting medical records and an expert physician's opinion. Special Master Herbrina Sanders issued the dismissal on December 15, 2020. Petitioner's counsel was Jonathan J. Svitak, and Respondent's counsel was Voris E. Johnson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00770-0 Date issued/filed: 2021-01-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/15/2020) regarding 41 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00770-UNJ Document 43 Filed 01/19/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 15, 2020 * * * * * * * * * * * * * * * * * * * * * * * * * KERSTINA ALEXANDER, on behalf * No. 18-770V of her minor child, M.A., * * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Dismissal; Insufficient Proof; Hepatitis B AND HUMAN SERVICES, * Vaccine; Pneumococcal Vaccine (“Prevnar * 13”); DTP-b Vaccine (“Pentacel”); Rotavirus Respondent. * Vaccine; Death * * * * * * * * * * * * * * * * * * * * * * * * * Jonathan J. Svitak, Shannon Law Group, Woodbridge, IL, for Petitioner. Voris E. Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DISMISSAL1 On May 31, 2018, Kerstina Alexander (“Petitioner”), on behalf of her minor child, M.A., filed a petition for compensation under the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”). 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that M.A. died due to a Hepatitis B vaccine he received on February 2, 2016; a Hepatitis B vaccine, pneumococcal vaccine (“Prevnar 13”), DTP-b vaccine (“Pentacel”), and a Rotavirus vaccine he received on March 23, 2016; and Prevnar 13, Pentacel, and Rotavirus vaccines he received on May 26, 2016. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program. On December 2, 2020, Petitioner filed an unopposed motion for a decision dismissing her petition. See ECF No. 40. In her motion, Petitioner conceded that “[a]n investigation of the facts and science supporting [sic] has demonstrated to the Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program.” Id. at 1. She continued, “[i]n these circumstances, to proceed further would be unreasonable and would waste the resources of the 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). This means the Decision will be available to anyone with access to the Internet. 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 I agree 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 (“the Vaccine Act” or “Act”). 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 1:18-vv-00770-UNJ Document 43 Filed 01/19/21 Page 2 of 2 Court, the Respondent, and the Vaccine Program.” Id. Respondent had no objection to Petitioner’s motion. Id. at 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 the vaccination, or (2) that she 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 M.A. suffered a Table injury. Further, the record does not contain persuasive evidence that M.A.’s death was caused by any or all of the vaccines he received. 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, at this time, 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.3 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice renouncing the right to seek review. 2