VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00225
Package ID: USCOURTS-cofc-1_20-vv-00225
Petitioner: D.W.
Filed: 2020-11-29
Decided: 2023-01-03
Vaccine: DTP/aP and hepatitis A
Vaccination date: 2017-02-27
Condition: gastrointestinal disorder, autism spectrum disorder (ASD), and sensory processing disorder
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kim Warner, as mother and natural guardian of D.W., filed this claim on November 29, 2020, alleging that D.W. received DTP/aP and hepatitis A vaccines on February 27, 2017, which caused him to develop gastrointestinal disorder, autism spectrum disorder (ASD), and sensory processing disorder. The case was assigned to Special Master Horner on May 9, 2022. On August 17, 2022, the Special Master issued an order to show cause why the case should not be dismissed, noting that cases involving ASD have been routinely dismissed for failing to establish causation-in-fact and that no treating physician offered a supporting medical opinion. Petitioner was ordered to provide an expert medical opinion or a written submission explaining why she believed she was entitled to compensation. On November 15, 2022, the petitioner filed a notice of voluntary dismissal without prejudice. Accordingly, the case was dismissed without prejudice pursuant to Vaccine Rule 21(a).

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00225-0
Date issued/filed: 2023-01-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/29/2022) regarding 30 Order Concluding Proceedings. Signed by Special Master Daniel T. Horner. (amb) Service on parties made.
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Case 1:20-vv-00225-UNJ Document 31 Filed 01/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-225V
Filed: November 29, 2022
UNPUBLISHED
Special Master Horner
KIM WARNER, as mother and natural
guardian of D.W., a minor,
Order Concluding Proceedings;
Petitioner,
Vaccine Rule 21(a)
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Braden A. Blumenstiel, The Law Office of DuPont & Blumenstiel, Dublin, OH, for
petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
ORDER CONCLUDING PROCEEDINGS1
On February 27, 2020, Kim Warner, as mother and natural guardian of D.W.
(“petitioner”), filed this claim alleging the DTP/aP and hepatitis A vaccines D.W.
received on February 27, 2017, caused him to develop gastrointestinal disorder, autism
spectrum disorder (“ASD”), and sensory processing disorder. (ECF No. 1, p. 3). On
May 9, 2022, this case was assigned to my docket. (ECF No. 26.)
On August 17, 2022, I issued an order to show cause why this case should not
be dismissed. (ECF No. 27.) I noted that Vaccine Program cases involving ASD have
been routinely dismissed for failing to preponderantly establish causation-in-fact. (Id. at
3.) I further noted that no treating physician offered a medical opinion consistent with
petitioner’s claim. (Id. at 4.) I ordered petitioner to provide either a “sound and reliable”
expert medical opinion supporting a vaccine injury or a written submission pursuant to
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
1

Case 1:20-vv-00225-UNJ Document 31 Filed 01/03/23 Page 2 of 2
Vaccine Rule 8(d) addressing why petitioner nonetheless believes that she is entitled to
compensation. (Id.) Thereafter, petitioner filed a notice of voluntary dismissal without
prejudice on November 15, 2022. (ECF No. 29.)
Accordingly, pursuant to Vaccine Rule 21(a), this case is hereby dismissed
without prejudice. The Clerk of the Court is hereby instructed that a judgment shall
not enter in the instant case pursuant to Vaccine Rule 21(a).
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2