Darlene Thompson v. HHS - COVID-19, side effects . . . in [her] upper extremity, severe pain in sho[u]lder, upper arms, right arm w[h]ere shot is at, muscle cramps, twitches in face, blurred vision, fatigue[, and] loss of sleep, headache[, and] sad (2022)
Case summary [AI summaries can sometimes make mistakes]
Darlene Thompson filed a petition on January 14, 2022, alleging she suffered side effects from a COVID-19 Pfizer vaccine administered on July 8, 2021. The alleged side effects included pain in her upper extremity, shoulder, and upper arms, particularly in the right arm where the shot was given.
She also reported muscle cramps, facial twitches, blurred vision, fatigue, loss of sleep, headache, and sadness. The petition was filed under the National Vaccine Injury Compensation Program (Vaccine Act).
However, the Special Master noted that the COVID-19 vaccine is not covered by the Vaccine Program but rather by the Countermeasure Injury Compensation Program (CICP). Due to the petition being filed under the incorrect program, the case was dismissed.
The Special Master advised Ms. Thompson to seek information regarding COVID-19 vaccine injuries through the CICP and provided contact information and a website for further inquiries.
The public decision does not describe the petitioner's counsel, respondent's counsel, specific clinical details beyond the alleged symptoms, any medical experts, or the specific reasoning for the dismissal beyond the incorrect program filing. The decision was issued by Special Master Nora Beth Dorsey and was reissued for publication on February 14, 2022.
Theory of causation
Petitioner Darlene Thompson alleged injury from a COVID-19 Pfizer vaccine administered on July 8, 2021, resulting in side effects including upper extremity pain, shoulder pain, arm pain, muscle cramps, facial twitches, blurred vision, fatigue, sleep loss, headache, and sadness. The petition was filed under the National Vaccine Injury Compensation Program (Vaccine Act). However, the Special Master determined that COVID-19 vaccines are covered by the Countermeasure Injury Compensation Program (CICP), not the Vaccine Act. Consequently, the case was dismissed because it was filed under the incorrect program. The public decision does not detail a specific theory of causation, name any medical experts, or provide clinical information beyond the alleged symptoms. The outcome was dismissal. The decision was issued by Special Master Nora Beth Dorsey on February 14, 2022.
Source PDFs
USCOURTS-cofc-1_21-vv-01586