VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01177
Package ID: USCOURTS-cofc-1_21-vv-01177
Petitioner: Maurice Drayton
Filed: 2021-04-09
Decided: 2023-07-18
Vaccine: Tdap
Vaccination date: 
Condition: brachial neuritis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Maurice Drayton filed a petition for vaccine compensation on April 9, 2021, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine caused him to develop brachial neuritis. The record did not contain sufficient evidence to establish entitlement to an award under the National Vaccine Compensation Program. Specifically, the court found no evidence of a "Table Injury" and insufficient medical records or expert opinions to demonstrate that the alleged injury was vaccine-caused. On July 18, 2023, Mr. Drayton filed a Notice of Voluntary Dismissal, and the case was subsequently dismissed for insufficient proof. No award was granted. The Special Master Mindy Michaels Roth issued the decision. Petitioner's counsel was Paul Kinne, Esq., and respondent's counsel was Camille Webster, Esq. The public decision does not describe the onset, symptoms, specific medical tests, or treatments related to the alleged brachial neuritis, nor does it name any medical experts or detail a specific mechanism of causation.

Theory of causation field:
Petitioner Maurice Drayton alleged that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine caused him to develop brachial neuritis. The Special Master Mindy Michaels Roth noted that to receive compensation, petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence, medical records, or a competent physician's opinion to demonstrate that the alleged brachial neuritis was vaccine-caused or vaccine-related. Petitioner filed a Notice of Voluntary Dismissal on July 18, 2023, and the case was dismissed for insufficient proof. No award was granted. Petitioner's counsel was Paul Kinne, Esq., and respondent's counsel was Camille Webster, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01177-0
Date issued/filed: 2023-08-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/18/2023) regarding 31 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:21-vv-01177-UNJ Document 32 Filed 08/14/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1177V
Filed: July 18, 2023
* * * * * * * * * * * * * *
MAURICE DRAYTON, *
*
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Paul Kinne, Esq., Gingras, Thomsen & Wachs, Madison, WI, for petitioner.
Camille Webster, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On April 9, 2021, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that the tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine caused him to develop brachial neuritis. The information in
the record, however, does not show entitlement to an award under the Program. On July 18, 2023,
petitioner filed a Notice of Voluntary Dismissal requesting that his case be dismissed. ECF No.
30.
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 1:21-vv-01177-UNJ Document 32 Filed 08/14/23 Page 2 of 2
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
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’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 he suffered a “Table Injury” or that his injuries were “actually caused” by a vaccination.
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2