VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00580
Package ID: USCOURTS-cofc-1_19-vv-00580
Petitioner: J.H.S.
Filed: 2019-04-17
Decided: 2021-07-06
Vaccine: influenza
Vaccination date: 2016-04-18
Condition: acute disseminated encephalomyelitis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Jessica Scheyder filed a claim for vaccine compensation on April 17, 2019, on behalf of her minor child, J.H.S. The claim alleged that J.H.S. received an influenza vaccine on April 18, 2016, and subsequently developed acute disseminated encephalomyelitis (ADEM). The respondent is the Secretary of Health and Human Services. Special Master Mindy Michaels Roth issued a decision on July 6, 2021. The petitioner filed a motion for a dismissal decision on June 10, 2021. To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate that the injury is listed on the Vaccine Injury Table and corresponds to the vaccination, or that the injury was actually caused by the vaccine. The record in this case did not contain evidence of a "Table Injury." Furthermore, the public decision states that the record lacked persuasive evidence that J.H.S.'s alleged injury was vaccine-caused or vaccine-related. The Vaccine Act requires that a petition be supported by medical records or the opinion of a competent physician. The public decision noted that the petitioner did not offer any expert medical opinion to support a finding of entitlement, and the available medical records were insufficient. Consequently, the case was dismissed for insufficient proof. Petitioner's counsel was Brian Cinelli, Esq., of Marcus & Cinelli, LLP. Respondent's counsel was Benjamin Warder, Esq., of the U.S. Dept. of Justice. The Special Master was Mindy Michaels Roth.

Theory of causation field:
Petitioner Jessica Scheyder, on behalf of minor J.H.S., alleged that an April 18, 2016, influenza vaccine caused acute disseminated encephalomyelitis (ADEM). The petition was filed on April 17, 2019. The Special Master, Mindy Michaels Roth, dismissed the case on July 6, 2021, for insufficient proof. The petitioner did not demonstrate a "Table Injury" or that the injury was "actually caused" by the vaccine. The public decision stated the record lacked persuasive evidence of a vaccine-caused or vaccine-related injury. The petitioner did not provide an expert medical opinion to support entitlement, and the medical records were deemed insufficient. Petitioner's counsel was Brian Cinelli, Esq. Respondent's counsel was Benjamin Warder, Esq.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00580-0
Date issued/filed: 2021-07-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/10/2021) regarding 30 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00580-UNJ Document 33 Filed 07/06/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-580V
Filed: June 10, 2021
* * * * * * * * * * * * * *
JESSICA SCHEYDER, *
on behalf of J.H.S., *
*
* Dismissal Decision;
Petitioner, * Acute Disseminated
* Encephalomyelitis (“ADEM);
v. * Influenza (“flu”) Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Brian Cinelli, Esq., Marcus & Cinelli, LLP, Williamsville, NY, for petitioner.
Benjamin Warder, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On April 17, 2019, petitioner filed a claim for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”)2 on behalf of her minor child, J.H.S.,
alleging that J.H.S. received an influenza (“flu”) vaccine on April 18, 2016 and thereafter suffered
from acute disseminated encephalomyelitis (“ADEM”). Petition, ECF No. 1. The information in
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 1:19-vv-00580-UNJ Document 33 Filed 07/06/21 Page 2 of 2
the record, however, does not show entitlement to an award under the Program. On June 10, 2021
petitioner filed a Motion for Dismissal Decision requesting that her case be dismissed. ECF No.
29.
To receive compensation under the Program, petitioner must prove either 1) that J.H.S.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that J.H.S. 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 evidence that J.H.S.
suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating that
his 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 expert opinion must be offered in support. Petitioner,
however, has offered no such expert 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 J.H.S. suffered a “Table Injury” or that his 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