VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01170
Package ID: USCOURTS-cofc-1_19-vv-01170
Petitioner: Glendon G. Dockery
Filed: 2019-08-12
Decided: 2021-01-13
Vaccine: hepatitis A and B
Vaccination date: 
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Glendon G. Dockery filed a petition for vaccine compensation on August 12, 2019, alleging that hepatitis A and B vaccinations caused him to develop Guillain-Barre Syndrome (GBS). The petitioner requested a dismissal decision on January 13, 2021. To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either that they suffered a "Table Injury" corresponding to their vaccination or that the injury was actually caused by a vaccine. The record in this case did not contain evidence that Mr. Dockery suffered a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that his alleged GBS was vaccine-caused or vaccine-related. The petition was not supported by medical records or the opinion of a competent physician. Consequently, Special Master Mindy Michaels Roth dismissed the case for insufficient proof on January 13, 2021. The public decision was issued on January 14, 2021, and posted on February 8, 2021. Richard Moeller, Esq., represented the petitioner, and Laurie Wiesner, Esq., represented the respondent.

Theory of causation field:
Petitioner Glendon G. Dockery alleged that hepatitis A and B vaccinations caused Guillain-Barre Syndrome (GBS). The case was dismissed by Special Master Mindy Michaels Roth on January 13, 2021, for insufficient proof. The petitioner failed to demonstrate either a "Table Injury" or that the GBS was actually caused by the vaccination. The record lacked supporting medical records or a competent physician's opinion. Petitioner counsel was Richard Moeller, Esq., and respondent counsel was Laurie Wiesner, Esq. The petition was filed on August 12, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01170-0
Date issued/filed: 2021-02-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/14/2021) regarding 22 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:19-vv-01170-UNJ Document 26 Filed 02/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1170V
Filed: January 14, 2021
* * * * * * * * * * * * * *
GLENDON G. DOCKERY, *
* Dismissal; Hepatitis A Vaccine;
Petitioner, * Hepatitis B Vaccine; Guillain-
* Barre Syndrome (“GBS”)
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Richard Moeller, Esq., Moore, Heffernan, et al., Sioux City, IA, for petitioner.
Laurie Wiesner, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On August 12, 2019, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that hepatitis A and B
vaccinations caused him to develop Guillain-Barre Syndrome (“GBS”). The information in the
record, however, does not show entitlement to an award under the Program. On January 13, 2021,
petitioner filed a Motion for Dismissal Decision requesting that his case be dismissed. ECF No.
21.
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-01170-UNJ Document 26 Filed 02/08/21 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he 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 he 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