VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00399
Package ID: USCOURTS-cofc-1_21-vv-00399
Petitioner: Debbie Hutchins
Filed: 2021-01-08
Decided: 2023-04-07
Vaccine: influenza
Vaccination date: 2019-09-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Debbie Hutchins filed a claim under the National Childhood Vaccine Injury Act alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 4, 2019. Her petition was filed on January 8, 2021. Respondent filed a report recommending against compensation. After the Special Master issued an order to show cause regarding the cause of her injury, Ms. Hutchins filed a status report indicating her intent to withdraw from the Vaccine Program. She subsequently filed a Motion for a Decision Dismissing her Petition, stating that after consulting with her attorneys, she decided to voluntarily withdraw her petition. The Special Master granted the motion, dismissing the petition because Ms. Hutchins failed to establish a prima facie case of entitlement to compensation, as her medical records did not support her allegations by a preponderance of the evidence and she did not file an expert medical opinion.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00399-0
Date issued/filed: 2023-04-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/14/2023) regarding 32 DECISION of Special Master. Signed by Special Master Daniel T. Horner. (amb) Service on parties made.
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Case 1:21-vv-00399-UNJ Document 38 Filed 04/07/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-399V
Filed: March 14, 2023
UNPUBLISHED
DEBBIE HUTCHINS,
Special Master Horner
Petitioner,
Petitioner’s Motion for Decision
v.
Dismissing Petition; Influenza
(“flu”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine
HUMAN SERVICES,
Administration; SIRVA
Respondent.
David Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On January 8, 2021, petitioner filed a claim under the National Childhood
Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that she suffered a
shoulder injury related to vaccine administration (“SIRVA”) as a result of the influenza
(“flu”) vaccine she received on September 4, 2019. (ECF No. 1.) Respondent then filed
his Rule 4(c) report recommending against compensation on September 6, 2022. (ECF
No. 23.) On September 26, 2022, I issued an order to show cause why petitioner’s
clinical history is better explained by shoulder pathology than by cervical radiculopathy.
(ECF No. 26.) Subsequently, on January 30, 2023, petitioner filed a status report
indicating her intent to withdraw from the Vaccine Program. (ECF No. 28.)
On March 13, 2023, petitioner filed a Motion for a Decision Dismissing her
Petition. (ECF No. 31.) Petitioner indicated that “[a]fter undertaking the efforts [to retain
an orthopedic expert to review the case] and in consultation with Petitioner, Petitioner
made the decision to voluntarily withdraw her Petition for Compensation.” (Id. at 3.)
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.

Case 1:21-vv-00399-UNJ Document 38 Filed 04/07/23 Page 2 of 2
To receive compensation in the Vaccine Program, petitioner must prove either
(1) that she suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury
Table – corresponding to a covered vaccine, or (2) that she suffered an injury that was
actually caused by a covered vaccine. See §§ 13(a)(1)(A) and 11(c)(1). To satisfy her
burden of proving causation in fact, petitioner must show by preponderant evidence: “(1)
a medical theory causally connecting the vaccination and the injury; (2) a logical
sequence of cause and effect showing that the vaccination was the reason for the
injury; and (3) a showing of a proximate temporal relationship between vaccination and
injury.” Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274, 1278 (Fed. Cir.
2005). The Vaccine Act, 42 U.S.C. § 300aa-13(a)(1), prohibits the undersigned from
ruling for petitioner based solely on her allegations unsubstantiated by medical records
or medical opinion.
Petitioner’s medical records do not support her allegations by a preponderance
of the evidence, and she did not file a medical opinion from an expert in support of her
allegations. Accordingly, the undersigned GRANTS petitioner’s Motion for Decision
Dismissing Petition and DISMISSES this petition for failure to establish a prima facie
case of entitlement to compensation.
CONCLUSION
This case is now DISMISSED. The clerk of the court is directed to enter
judgment in accordance with this decision.2
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2