VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01141 Package ID: USCOURTS-cofc-1_19-vv-01141 Petitioner: Samantha Hall Filed: 2021-03-25 Decided: 2021-04-19 Vaccine: HPV Vaccination date: Condition: neurally-modulated syncope Outcome: dismissed Award amount USD: AI-assisted case summary: Samantha Hall filed a petition for vaccine compensation on March 25, 2021, alleging that an HPV vaccination administered on August 6, 2019, caused or aggravated neurally-modulated syncope. To receive compensation, Ms. Hall needed to prove either that her condition was a "Table Injury" listed in the Vaccine Injury Table or that the vaccine actually caused her injury. The court reviewed the record and found no evidence that Ms. Hall suffered a Table Injury. Furthermore, the record lacked persuasive evidence that the vaccine caused her alleged injury. The Act requires claims to be supported by medical records or a competent physician's opinion, neither of which was sufficiently provided by Ms. Hall. Consequently, the court determined that Ms. Hall failed to demonstrate entitlement to an award. On March 24, 2021, Ms. Hall filed a motion to dismiss her own case. The case was dismissed for insufficient proof. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01141-0 Date issued/filed: 2021-04-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 3/25/2021) regarding 39 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01141-UNJ Document 43 Filed 04/19/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1141V Filed: March 25, 2021 * * * * * * * * * * * * * * SAMANTHA HALL, * * Dismissal; Insufficient Proof; Petitioner, * Human Papillomavirus (“HPV”) * Vaccine; Syncope v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Mark Sadaka, Esq., Law Offices of Sadaka Associates, LLC, Englewood, NJ, for petitioner. Mallori Openchowski, Esq., U.S. Dept. of Justice, Washington, DC for respondent. DECISION1 Roth, Special Master: On August 6, 2019, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),2 alleging that a human papillomavirus (“HPV”) vaccination either caused her to develop or significantly aggravated neurally-modulated syncope. The information in the record, however, does not show entitlement to an award under the Program. On March 24, 2021, petitioner filed a Motion for Dismissal Decision requesting that her case be dismissed. ECF No. 38. 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-01141-UNJ Document 43 Filed 04/19/21 Page 2 of 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 her vaccination, 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 petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating that petitioner’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 she 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