VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00061
Package ID: USCOURTS-cofc-1_21-vv-00061
Petitioner: Geoffrey Miller
Filed: 2021-01-05
Decided: 2023-10-06
Vaccine: Tdap
Vaccination date: 2020-07-30
Condition: shoulder injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Geoffrey Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021, alleging he suffered a shoulder injury from a Tdap vaccine received on July 30, 2020. Petitioner was represented by Ronald C. Homer of Conway, Homer, P.C., and the respondent was the Secretary of Health and Human Services, represented by Heather L. Pearlman of the U.S. Department of Justice. Petitioner did not initially file supporting documentation with the petition. Although required to file additional documents, including a statutorily required affidavit, Petitioner submitted medical records between April 16, 2021, and June 10, 2022, but never filed the affidavit. On July 5, 2023, Petitioner's counsel informed the court that, after reviewing the medical records, he could not proceed with the claim and had advised Petitioner, who then indicated he did not wish to continue. On October 6, 2023, Petitioner filed a motion to dismiss the petition, stating that counsel was unable to continue representation and that Petitioner had provided written consent to dismiss. Chief Special Master Brian H. Corcoran noted that to receive compensation, a petitioner must prove either a "Table Injury" or an injury not on the Table that was actually caused by a listed vaccine. Petitioner alleged a Table claim for his shoulder injury. However, after counsel's review, Petitioner indicated the records did not support the claim and requested dismissal. Furthermore, Petitioner failed to submit the required affidavit addressing prior civil actions or awards related to the alleged injury. Consequently, Petitioner failed to establish entitlement to compensation. The case was dismissed for insufficient proof, and the clerk was ordered to enter judgment accordingly. Petitioner has the option to file a notice of election rejecting the judgment within 90 days to bring a civil action.

Theory of causation field:
Petitioner Geoffrey Miller alleged a Table claim for a shoulder injury resulting from a Tdap vaccination received on July 30, 2020. The public decision does not describe the specific mechanism of injury or name any medical experts. Petitioner's counsel reviewed the medical records and determined they did not support the claim. Petitioner subsequently requested dismissal. Additionally, Petitioner failed to file the statutorily required affidavit, which would typically include information on prior civil actions or awards. Chief Special Master Brian H. Corcoran dismissed the case for insufficient proof, as Petitioner failed to establish entitlement to compensation. The decision was issued on October 6, 2023. Petitioner was represented by Ronald C. Homer, and Respondent was represented by Heather L. Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00061-0
Date issued/filed: 2023-11-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/10/2023) regarding 45 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:21-vv-00061-UNJ Document 49 Filed 11/07/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-61V
UNPUBLISHED
GEOFFREY MILLER,
Chief Special Master Corcoran
Petitioner,
v. Filed: October 10, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 5, 2021, Geoffrey Miller filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34,2
(the “Vaccine Act”). Petitioner alleged that he suffered a shoulder injury from a tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccine he received on July 30, 2020. ECF No. 1.
On October 6, 2023, Petitioner filed a motion for a decision dismissing the
petition. ECF No. 44. For the reasons set forth below, Petitioner’s motion is GRANTED,
and this case is DISMISSED.
Relevant Procedural History
Petitioner did not file any supporting documentation with the petition. The PAR
Initial Order required Petitioner to file additional statutorily required documents. ECF No.
5. On April 16, 2021, Petitioner first filed medical records and continued to submit
additional records until June 10, 2022. Petitioner did not file the statutorily required
affidavit.
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.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00061-UNJ Document 49 Filed 11/07/23 Page 2 of 2
On July 5, 2023, Petitioner counsel filed a status report indicating that he could
not proceed with Petitioner’s vaccine claim based on his review of the medical records.
ECF No. 42. Counsel stated that he had advised Petitioner of this decision, and
Petitioner informally advised that he did not want to continue with his claim.
On October 6, 2023, Petitioner filed a motion for a decision dismissing the
petition stating that, “Petitioner’s counsel has fully evaluated petitioner’s claim, and
determined that counsel is unable to continue representing petitioner in this matter.”
ECF No. 44 at 1. Counsel indicated that Petitioner had provided him with written
confirmation of his consent to dismiss the case. Id. at 1 n.1.
Grounds for Dismissal
To receive compensation under the National Vaccine Injury Compensation
Program, a petitioner must prove either 1) that the vaccinee suffered a “Table Injury” –
i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the listed
vaccines, or 2) that the vaccinee suffered an injury not on the Table that was actually
caused by a listed vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Petitioner alleged
a Table claim, i.e., that his shoulder injury was caused by the Tdap vaccination.
After review of the medical records by his counsel, Petitioner indicated that the
records do not support his vaccine claim and has requested dismissal. Additionally,
Petitioner has not submitted an affidavit addressing the requirements of § 11(c)(1), to
include the lack of or disposition of any prior civil action and any prior awards related to
Petitioner’s alleged vaccine injury.
Thus, Petitioner has failed to establish entitlement to compensation in the Vaccine
Program. This case is dismissed for insufficient proof. The clerk shall enter
judgment accordingly.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 If Petitioner wishes to bring a civil action, he must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
2