VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00004
Package ID: USCOURTS-cofc-1_20-vv-00004
Petitioner: Amy Turner
Filed: 2020-01-03
Decided: 2024-03-21
Vaccine: HPV
Vaccination date: 2017-01-05
Condition: amenorrhea and ovarian failure
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Amy Turner filed a petition alleging that she suffered from vaccine-induced amenorrhea and ovarian failure as a result of an HPV vaccination received on January 5, 2017. The petition was filed on January 3, 2020. Respondent recommended against compensation. Over several years, both parties submitted expert reports. The court discussed issues related to Petitioner's potential Hashimoto's thyroiditis diagnosis and alternate causation. Ultimately, Petitioner moved for a decision dismissing the petition, stating she understood this would result in a judgment against her and that she intended to elect to reject the Vaccine Program judgment and file a civil action. The court noted that to receive compensation, Petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine. Petitioner did not assert a Table claim and the record did not contain persuasive evidence that her injuries were caused-in-fact by the HPV vaccination. The court found the medical record insufficient to prove Petitioner's claim and dismissed the case for insufficient proof. Judgment was entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00004-0
Date issued/filed: 2024-03-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/6/24) regarding 57 DECISION of Special Master Signed by Special Master Herbrina Sanders. (sh) Service on parties made.
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Case 1:20-vv-00004-UNJ Document 58 Filed 03/21/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 6, 2024
* * * * * * * * * * * * * * * * * * * * * * * * *
AMY TURNER, *
* No. 20-4V
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner.
Kimberly S. Davey, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 3, 2020, Amy Turner (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleged that she suffered
from vaccine-induced amenorrhea and ovarian failure as a result of a human papillomavirus
(“HPV”) vaccination received on January 5, 2017. Pet. at 1, ECF No. 1.
Respondent filed his Rule 4(c) report on February 10, 2022, recommending against
compensation. ECF No. 35 at 1. Between August 8, 2022 and March 6, 2023, Petitioner filed three
expert reports and Respondent filed two expert reports. ECF Nos. 38, 40, 44, 45, 48. On June 23,
2023, Petitioner filed a status report requesting a Rule 5 Conference. ECF No. 51. I held a status
conference on September 13, 2023 where I discussed the current filings and facts of the case,
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website,
and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the
E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion
of Electronic Government Services). 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, I agree that the identified material fits within
this definition, I 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,” “the Act,” or “the Program”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.
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Case 1:20-vv-00004-UNJ Document 58 Filed 03/21/24 Page 2 of 2
including “issues related to Petitioner’s potential Hashimoto’s thyroiditis diagnosis and alternate
causation.” ECF No. 52 at 1. I ordered Petitioner to file a “supplemental expert report addressing
the applicability of the causation theory to the facts of this case, including any additional report
from a reproductive endocrinologist” by no later than November 13, 2023. Id. Petitioner requested
two motions for extensions of time to file this report, which I granted. ECF No. 53-54. On February
16, 2024, Petitioner moved for an extension of time to file either “a motion to dismiss or a status
report on how she wishes to proceed.” ECF No. 55 at 1.
On February 27, 2024, Petitioner moved for a decision dismissing the petition. Pet’r’s Mot.
to Dismiss, ECF No. 56. In the motion, Petitioner stated that she “understands that a decision by
the Special Master dismissing this petition will result in a judgment against [P]etitioner.” Id. at 1.
Petitioner further indicated that she “intends to elect to reject the Vaccine Program judgment and
elect to file a civil action.” Id. at 2. Petitioner filed this motion with opposition from Respondent.
Id. at 2. Respondent also expressly reserved his right “pursuant to 42 U.S.C. § 300aa-15(e), to
question the good faith and reasonable basis of Petitioner’s claim and to oppose, if appropriate,
Petitioner’s application for costs.” Id. at 1-2.
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 the vaccination, or (2) that she suffered an injury that was actually caused by a vaccine. See
§§ 13(a)(1)(A), 11(c)(1). Petitioner did not assert a Table claim in her petition. Further, the record
does not contain persuasive evidence that Petitioner’s injuries were caused-in-fact by her HPV
vaccination.
Under the Act, petitioners may not be given a Program award based solely on their claims
alone. Rather, the petition must be supported by medical records or the opinion of a competent
physician. § 13(a)(1). In this case, the medical record is insufficient to prove Petitioner’s claim,
and at this time, Petitioner has not filed sufficient supporting evidence. Therefore, this case must
be dismissed for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
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