VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01935
Package ID: USCOURTS-cofc-1_18-vv-01935
Petitioner: Ashley Schoop
Filed: 2018-12-19
Decided: 2020-05-27
Vaccine: influenza
Vaccination date: 2017-12-23
Condition: rhabdomyolysis and opioid addiction
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Susan Hoefling, administrator of the estate of Ashley Schoop, filed a petition on December 19, 2018, alleging that an influenza vaccination administered on December 23, 2017, caused rhabdomyolysis and opioid addiction, leading to Ashley Schoop's death. Petitioner's counsel was Renee Gentry of the Vaccine Injury Clinic, GW University Law School. Respondent's counsel was Traci Patton of the United States Department of Justice. On April 28, 2020, the petitioner moved for a decision dismissing her case. The petitioner stated that an investigation of the supporting facts and science demonstrated an inability to prove entitlement to compensation under the National Vaccine Injury Compensation Program, and that proceeding further would be unreasonable and a waste of resources. The petitioner understood that a dismissal would result in a judgment against her, ending all rights under the Vaccine Act, but that she could apply for costs and intended to elect to file a civil action rather than accept the Program's judgment. Special Master Nora Beth Dorsey reviewed the record and the petitioner's motion. The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccination actually caused the injury. The records submitted by the petitioner did not meet the statutory requirements for entitlement under 42 U.S.C. § 300aa-11(c)(1)(D)(i), which the Federal Circuit has described as threshold criteria for seeking entry into the program. Consequently, Special Master Dorsey found that the petitioner was not entitled to compensation and dismissed the case, with judgment to be entered accordingly. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. The public decision does not name any medical experts.

Theory of causation field:
Petitioner Susan Hoefling, administrator of the estate of Ashley Schoop, filed a petition alleging that an influenza vaccine administered on December 23, 2017, caused rhabdomyolysis and opioid addiction, leading to death. Petitioner moved for dismissal, stating an inability to prove entitlement to compensation under the National Vaccine Injury Compensation Program after investigation. Special Master Nora Beth Dorsey reviewed the record and motion. The Special Master found that petitioner did not meet the statutory requirements for entitlement under 42 U.S.C. § 300aa-11(c)(1)(D)(i), which are threshold criteria for program entry. The case was dismissed with judgment entered against the petitioner. Petitioner was represented by Renee Gentry, and respondent by Traci Patton. The public text does not specify the theory of causation, named experts, or the mechanism of injury, nor does it detail the award breakdown as the case was dismissed.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01935-0
Date issued/filed: 2020-05-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/29/2020) regarding 38 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made. (Main Document 39 replaced on 5/28/2020) (tjk).
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Case 1:18-vv-01935-UNJ Document 39 Filed 05/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 29, 2020
* * * * * * * * * * * * * * * * * * *
SUSAN HOEFLING, administrator of the *
Estate of ASHLEY SCHOOP, * UNPUBLISHED
*
Petitioner, * No. 18-1935V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Petitioner’s Motion for Decision Dismissing
AND HUMAN SERVICES, * Her Petition; Influenza (“Flu”) Vaccine;
* Rhabdomyolysis; Death.
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
Renee Gentry, Vaccine Injury Clinic, GW Univ. Law School, Washington, DC, for petitioner.
Traci Patton, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On December 19, 2018, Susan Hoefling, administrator of the estate of Ashley Schoop,
(“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation
Program (“the Program”)2 alleging that as a result of receiving an influenza (“flu”) vaccination
administered on December 23, 2017, Ashley Schoop suffered from rhabdomyolysis and opioid
addiction that led to her death. Petition at 1-2, 8. The information in the record, however, does
not show entitlement to an award under the Program.
On April 28, 2020, petitioner moved for a decision dismissing her case, stating that
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-01935-UNJ Document 39 Filed 05/27/20 Page 2 of 2
[a]n investigation of the supporting facts and science has demonstrated to the
[p]etitioner that she will be unable to prove that she is entitled to compensation in
the Vaccine Program. In these circumstances, 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 Her Petition at ¶¶ 1-2. Petitioner states that she
understands that a decision by the Special Master will result in a judgment against her, and that
she has been advised that such a judgment will end all of her rights under the Vaccine Act. Id. at
¶ 3. Petitioner states that she understands that she may apply for costs once her case is dismissed
and judgment is entered against her and that respondent expressly reserves the right to question
good faith and reasonable basis of her claim and oppose her application for cost if appropriate.
Id. at ¶ 4. Additionally, petitioner intends to protect her right to file a civil action, and pursuant
to the Act, she intends to elect to reject the Vaccine Program judgment against her and elect to
file a civil action. Id. at ¶ 6.
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 the vaccination.
See §§ 13(a)(1)(A) and 11(c)(1). The records submitted by petitioner show that she 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 of
Court shall enter judgment accordingly.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2