VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01196
Package ID: USCOURTS-cofc-1_18-vv-01196
Petitioner: Patrick L. Magliozzi
Filed: 2018-08-13
Decided: 2019-11-20
Vaccine: anthrax
Vaccination date: 2015-08-01
Condition: various injuries
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Patrick L. Magliozzi filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2018, alleging he sustained various injuries as a result of receiving an anthrax vaccine on August 1, 2015. The respondent was the Secretary of Health and Human Services. The public decision does not describe the petitioner's counsel or the respondent's counsel. On August 7, 2019, an Order to Show Cause was issued, informing the petitioner that the anthrax vaccine is not covered under the Program and that the petition appeared to be filed outside the statute of limitations period. The petitioner was given 30 days to amend the petition or show cause why it should not be dismissed, and was also provided information on how to voluntarily exit the program. The order concluded that non-compliance would be interpreted as a failure to prosecute or an inability to provide support for the claim, leading to dismissal. On September 5, 2019, the petitioner filed a Motion for a Decision Dismissing His Petition, stating that an investigation had demonstrated he would be unable to prove entitlement to compensation. He acknowledged that a dismissal would result in a judgment against him and end all his rights in the Program. To be entitled to compensation under the Vaccine Act, a petitioner must demonstrate receipt of a vaccine listed on the Vaccine Injury Table and file within the statute of limitations. Anthrax vaccines are not on the Table and are therefore not covered by the Program. The petitioner alleged he received the vaccine on August 1, 2015, and experienced symptoms 2-3 days later, but did not file his petition until August 13, 2018, which was more than 36 months after the onset of his first symptoms. Therefore, the petitioner could not show he received a covered vaccine or filed within the statutory period. Chief Special Master Nora Beth Dorsey dismissed the petition for insufficient proof, and the Clerk was ordered to enter judgment accordingly. The public decision does not describe any specific injuries, onset symptoms, medical records, tests, treatments, or expert testimony.

Theory of causation field:
Petitioner Patrick L. Magliozzi filed a petition on August 13, 2018, alleging injuries from an anthrax vaccine received on August 1, 2015. The petition was dismissed by Chief Special Master Nora Beth Dorsey on November 20, 2019, for insufficient proof. The anthrax vaccine is not listed on the Vaccine Injury Table, and thus is not a covered vaccine under the National Vaccine Injury Compensation Program. Furthermore, the petition was filed outside the 36-month statute of limitations, as the petitioner alleged symptom onset 2-3 days after vaccination on August 1, 2015, but did not file until August 13, 2018. The petitioner himself moved to dismiss his petition, stating he could not prove entitlement. No specific mechanism of injury, expert testimony, or award breakdown is described in the public decision, as the case was dismissed on threshold eligibility grounds. Petitioner's counsel was David Porter Murphy, and respondent's counsel was Heather Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01196-0
Date issued/filed: 2019-11-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/17/2019) regarding 16 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01196-UNJ Document 18 Filed 11/20/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1196
Filed: September 17, 2019
Unpublished
PATRICK L. MAGLIOZZI,
Dismissal; Anthrax Vaccine;
Petitioner, Vaccine Not Covered by Program;
v. Insufficient Proof; Vaccine Act Entitlement;
Denial Without Hearing; Special Processing
SECRETARY OF HEALTH AND Unit (“SPU”)
HUMAN SERVICES,
Respondent.
David Porter Murphy, Greenfield, IN, for petitioner.
Heather Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
Dorsey, Chief Special Master:
On August 13, 2018, Mr. Magliozzi (“petitioner”) filed a petition and eight pages
of medical records for compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. §300aa-10, et seq.2 [the “Vaccine Act” or “Program”]. The petition
alleges that petitioner sustained various injuries as a result of his receipt of an anthrax
vaccine on August 1, 2015.
On August 7, 2019, an Order to Show Cause was issued, informing petitioner
that the Anthrax vaccine is not covered under the Program and that the petition
appeared to be filed outside the statute of limitations period. ECF No. 14. The order
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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. Because this unpublished ruling contains a reasoned explanation for the action in this
case, 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).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:18-vv-01196-UNJ Document 18 Filed 11/20/19 Page 2 of 2
afforded petitioner 30 days, until September 6, 2019, to amend the petition or otherwise
show cause why the petition should not be dismissed. It also provided petitioner with
information on how to voluntarily exit the Vaccine Program. The order concluded by
informing petitioner that non-compliance would be interpreted as either a failure to
prosecute the claim or as an inability to provide necessary support for the claim. The
petition would be dismissed in either event.
On September 5, 2019, petitioner filed a Motion for a Decision Dismissing His
Petition. ECF No. 15. Petitioner indicated in his motion that “[a]n investigation of the
facts and science supporting his case has demonstrated to Petitioner that he will be
unable to prove that he is entitled to compensation in the Vaccine Program.” Id. at 1.
Petitioner further indicated that he “understands that a decision by the [undersigned]
dismissing his petition will result in a judgment against him. He has been advised that
such a judgment will end all of his rights in the Vaccine Program.” Id.
To be entitled to compensation under the Vaccine Act, a petitioner must
demonstrate that he or she received a vaccine set forth in the Vaccine Injury Table [the
“Table”]. See §11(c)(1)(A); 42 C.F.R. § 100.3 (2017). Anthrax vaccines do not appear
in the Table and are therefore not covered by the Program. In addition, under the
Vaccine Act, “no petition may be filed for compensation under the Program for such
injury after the expiration of 36 months after the date of the occurrence of the first
symptom or manifestation of onset or of the significant aggravation of such injury”. §
16(a)(2). Petitioner alleges that he received an anthrax vaccination on August 1, 2015,
and experienced adverse effects 2-3 days thereafter, but did not file a petition for
compensation until August 13, 2018, more than 36 months after the date of his first
symptoms. Petition at 1.
As such, petitioner is unable to show that he “received a vaccine set forth in the
Vaccine Injury Table” (§11(c)(1)(A)) or filed the petition within 36 months of his first
symptoms (§16(a)(2). Thus, petitioner cannot receive compensation on a claim based
on the Anthrax vaccine through the Vaccine Program, and the petition must be
dismissed. See, e.g., Cielencki v. HHS, No. 15-632V, 2015 WL 10767150, at *3 (Fed.
Cl. Spec. Mstr. Dec. 22, 2015) (dismissing petition that involves Pneumovax, a non-
covered vaccine).
For these reasons, and in accordance with § 12(d)(3)(A), petitioner’s claim for
compensation is denied and this case is dismissed for insufficient proof. The
Clerk shall enter judgment accordingly.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2