VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00695
Package ID: USCOURTS-cofc-1_20-vv-00695
Petitioner: A.W.
Filed: 2020-06-09
Decided: 2023-09-22
Vaccine: Pentacel and Prevnar
Vaccination date: 2017-06-09
Condition: small ticks, leg swelling, hives behind the knees, swollen face, fever, and breathing problems
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Robert Willis, as the father and natural guardian of his minor child A.W., filed a petition for vaccine compensation on June 9, 2020. He alleged that the Pentacel and Prevnar vaccines A.W. received on June 9, 2017, caused the child to develop "small ticks, leg swelling, hives behind the knees, swollen face, fever, and breathing problems." The respondent in this case is the Secretary of Health and Human Services. The Special Master reviewed the record and found that it did not contain sufficient evidence to support entitlement to an award under the National Vaccine Injury Compensation Program. To be eligible for compensation, a petitioner must prove either that the injury is listed on the Vaccine Injury Table or that the vaccine actually caused the injury. The record in this case did not include evidence of a "Table Injury." Furthermore, the public decision states that the record lacked persuasive evidence demonstrating that A.W.'s alleged injuries were vaccine-caused or vaccine-related. The Special Master noted that claims cannot be based solely on a petitioner's assertions and must be supported by medical records or the opinion of a competent physician. In this instance, the record did not contain sufficient medical records supporting the claim, nor did the petitioner offer a medical opinion supporting a finding of entitlement. Consequently, the Special Master concluded that the petitioner failed to demonstrate either a "Table Injury" or that the injuries were "actually caused" by a vaccination. The case was dismissed for insufficient proof. The decision was issued by Special Master Mindy Michaels Roth on September 22, 2023. Braden Blumenstiel, Esq., of The Law Office of DuPont & Blumenstiel, represented the petitioner, and Katherine Esposito, Esq., of the U.S. Dept. of Justice, represented the respondent. The public decision does not describe the onset of symptoms, specific medical tests performed, treatments received, or the names of any medical experts consulted.

Theory of causation field:
Petitioner Robert Willis, on behalf of minor A.W., alleged that Pentacel and Prevnar vaccines administered on June 9, 2017, caused "small ticks, leg swelling, hives behind the knees, swollen face, fever, and breathing problems." The case was dismissed by Special Master Mindy Michaels Roth on September 22, 2023, for insufficient proof. The petitioner failed to demonstrate entitlement to an award under the National Vaccine Injury Compensation Program because the record did not contain evidence of a "Table Injury" corresponding to the vaccination, nor did it provide persuasive evidence that the alleged injuries were actually caused by the vaccines. The public decision notes the absence of sufficient supporting medical records or a competent physician's opinion to establish causation. Petitioner counsel was Braden Blumenstiel, Esq., and respondent counsel was Katherine Esposito, Esq. The public decision does not specify a theory of causation, name medical experts, or detail the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00695-0
Date issued/filed: 2023-09-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/28/2023) regarding 62 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:20-vv-00695-UNJ Document 63 Filed 09/22/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-695V
Filed: August 28, 2023
* * * * * * * * * * * * * *
ROBERT WILLIS, as father and *
natural guardian of A.W., as a minor, *
*
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Braden Blumenstiel, Esq., The Law Office of DuPont & Blumenstiel, Dublin, OH, for petitioner.
Katherine Esposito, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On June 9, 2020, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”)2 on behalf of his child A.W., alleging that
the Pentacel and Prevnar vaccines A.W. received on June 9, 2017 caused A.W. to develop “small
ticks, leg swelling, hives behind the knees, swollen face, fever, and breathing problems.” Petition
at 1, ECF No. 1. The information in the record, however, does not show entitlement to an award
1 Because this Decision 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 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, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access. 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 1:20-vv-00695-UNJ Document 63 Filed 09/22/23 Page 2 of 2
under the Program. On August 28, 2023, petitioner filed a Motion for Dismissal Decision
requesting that his case be dismissed. ECF No. 61.
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 A.W.
suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating that
A.W.’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 A.W. suffered a “Table Injury” or that A.W.’s injuries were “actually caused” by a
vaccination. Thus, this case is dismissed for insufficient proof. The Clerk of Court shall enter
judgment accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2