VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00943
Package ID: USCOURTS-cofc-1_21-vv-00943
Petitioner: James Russell
Filed: 2021-02-18
Decided: 2023-04-03
Vaccine: influenza
Vaccination date: 2018-10-26
Condition: Guillain-Barré Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
James Russell filed a petition for compensation under the National Vaccine Injury Compensation Program on February 18, 2021, alleging that an influenza vaccine administered on October 26, 2018, caused him to develop Guillain-Barré Syndrome (GBS). The case progressed, but the petitioner later investigated the facts and science supporting his claim and concluded he would be unable to prove entitlement to compensation. Consequently, on March 7, 2023, Mr. Russell moved for a decision dismissing his petition, stating that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the Vaccine Program. He understood that a dismissal would result in a judgment against him and end his rights in the Program, but he intended to preserve his right to file a civil action. The Special Master reviewed the record and Mr. Russell's motion and found that he did not meet the statutory requirements for entitlement. Therefore, the case was dismissed, and judgment was entered against the petitioner.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00943-0
Date issued/filed: 2023-04-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/7/2023) regarding 44 DECISION of Special Master. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:21-vv-00943-UNJ Document 48 Filed 04/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 7, 2023
* * * * * * * * * * * * * * * * * * *
JAMES RUSSELL, * UNPUBLISHED
*
Petitioner, * No. 21-943V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Petitioner’s Motion for a Decision
AND HUMAN SERVICES, * Dismissing His Petition; Influenza (“Flu”)
* Vaccine; Guillain-Barré Syndrome
Respondent. * (“GBS”).
*
* * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 18, 2021, James Russell (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“Vaccine Program”)2 alleging that as
a result of an influenza (“flu”) vaccine administered on October 26, 2018, he suffered Guillain-
Barré Syndrome (“GBS”). Petition at Preamble (ECF No. 1). The information in the record,
however, does not show entitlement to an award under the Program.
On March 7, 2023, Petitioner moved for a decision dismissing his case, stating that “[a]n
investigation of the facts and science supporting his case have demonstrated to Petitioner that he
will be unable to prove that he is entitled to compensation in the Vaccine Program.” Petitioner’s
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website in
accordance with the E-Government Act of 2002. 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, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned 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” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:21-vv-00943-UNJ Document 48 Filed 04/03/23 Page 2 of 2
Motion for a Decision Dismissing Their Petition, filed Mar. 7, 2023, at ¶ 2 (ECF No. 42). “In
these circumstances, to proceed further would be unreasonable and would waste the resources of
the Court, the [R]espondent, and the Vaccine Program.” Id. at ¶ 3. Petitioner indicated that he
understands that a decision by the Special Master dismissing his petition will result in a
judgment against him and he has been advised that such a judgment will end all of his rights in
the Vaccine Program. Id. at ¶ 4. Petitioner states that he intends to protect his right to file a civil
action and to elect to reject the Vaccine Program judgment to file a civil action. Id. at ¶ 6
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 the vaccination, or (2) that he suffered an injury that was actually caused by the vaccination.
See §§ 11(c)(1), 13(a)(1)(A). The records submitted by Petitioner show that he does not meet
the statutory requirement to establish entitlement to compensation. The Federal Circuit has
explained that the eligibility requirements in Section 11(c) are not mere pleading requirements or
matters of proof at trial, but instead are “threshold criteri[a] for seeking entry into the
compensation program.” Black v. Sec’y of Health & Hum. Servs., 93 F.3d 781, 785-87 (Fed.
Cir. 1996).
Accordingly, in light of Petitioner’s motion and a review of the record, the undersigned
finds that Petitioner is not entitled to compensation. Thus, this case is dismissed. The Clerk
shall enter judgment accordingly.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2