VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00917
Package ID: USCOURTS-cofc-1_18-vv-00917
Petitioner: I.S.
Filed: 2018-06-26
Decided: 2019-04-12
Vaccine: pneumococcal conjugate
Vaccination date: 2015-07-31
Condition: seizures and an encephalopathy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On June 26, 2018, Jessica Sobczyk filed a petition for vaccine compensation on behalf of her minor child, I.S. The petition alleged that I.S. received pneumococcal conjugate, rotavirus, diphtheria-tetanus-acellular pertussis (DTaP), haemophilus influenzae b (Hib), and inactivated poliovirus (IPV) vaccinations on July 31, 2015. Following these vaccinations, I.S. allegedly developed seizures and an encephalopathy. The respondent is the Secretary of Health and Human Services. Petitioner counsel was Mark Sadaka, Esq. of Mark T. Sadaka, LLC. Respondent counsel was Julia Collison, Esq. of the U.S. Dept. of Justice. Special Master Mindy Michaels Roth issued the decision. To be eligible for compensation, the petitioner must demonstrate that I.S. suffered a "Table Injury" or that the injury was actually caused by a vaccine. The public decision does not describe the specific onset of symptoms, any medical records, diagnostic tests, treatments, or expert opinions presented. The record did not contain evidence that I.S. suffered a "Table Injury." Furthermore, the record did not contain persuasive evidence indicating that I.S.'s alleged injury was vaccine-caused or vaccine-related. The petition was not supported by sufficient medical records or a competent physician's opinion. On March 15, 2019, the petitioner filed a Motion for Dismissal Decision. Consequently, the case was dismissed for insufficient proof. The decision was issued on April 12, 2019.

Theory of causation field:
Petitioner Jessica Sobczyk, on behalf of minor I.S., alleged that I.S. received pneumococcal conjugate, rotavirus, DTaP, Hib, and IPV vaccines on July 31, 2015, and subsequently developed seizures and encephalopathy. The case was dismissed for insufficient proof. Petitioner failed to demonstrate a "Table Injury" or that the alleged injuries were actually caused by a vaccination. The record lacked sufficient medical records or a competent physician's opinion to support the claim. No specific medical experts were named in the public decision. The Special Master was Mindy Michaels Roth. The decision was issued on April 12, 2019. Attorneys involved were Mark Sadaka for the petitioner and Julia Collison for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00917-0
Date issued/filed: 2019-04-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/18/2019) regarding 18 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:18-vv-00917-UNJ Document 21 Filed 04/12/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-917V
Filed: March 18, 2019
* * * * * * * * * * * * * *
JESSICA SOBCZYK, on behalf of I.S., *
a minor, *
* Dismissal; Pneumococcal Conjugate
Petitioner, * Vaccine; Rotavirus Vaccine;
* Diphtheria-Tetanus-acellular Pertussis
v. * (“DTaP”) Vaccine; Haemophilus
* Influenzae B (“Hib”) Vaccine;
SECRETARY OF HEALTH * Inactivated Poliovirus (“IPV”)
AND HUMAN SERVICES, * Vaccine; Seizures; Encephalopathy
*
Respondent. *
* * * * * * * * * * * * * *
Mark Sadaka, Esq., Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Julia Collison, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On June 26, 2018, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 on behalf of her minor child, I.S.
Petitioner alleges that I.S. received pneumococcal conjugate, rotavirus, diphtheria-tetanus-
acellular pertussis (“DTaP”), haemophilus influenzae b (“Hib”), and inactivated poliovirus
(“IPV”) vaccinations on July 31, 2015, and thereafter developed seizures and an encephalopathy.
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 1:18-vv-00917-UNJ Document 21 Filed 04/12/19 Page 2 of 2
See Petition, ECF No. 1. The information in the record, however, does not show entitlement to an
award under the Program. On March 15, 2019, petitioner filed a Motion for Dismissal Decision
requesting that her case be dismissed. ECF No. 17.
To receive compensation under the Program, petitioner must prove either 1) that I.S.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to her vaccinations, or 2) that she 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 I.S.
suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating that
I.S.’s alleged injury was 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 I.S. suffered a “Table Injury” or that her 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