VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01586 Package ID: USCOURTS-cofc-1_21-vv-01586 Petitioner: Darlene Thompson Filed: 2022-01-14 Decided: 2022-02-14 Vaccine: COVID-19 Pfizer Vaccination date: 2021-07-08 Condition: 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 Outcome: dismissed Award amount USD: AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01586-0 Date issued/filed: 2022-02-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/14/2022) regarding 11 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. Copy served on petitioner via e-mail on 2/14/2022 (sw). -------------------------------------------------------------------------------- Case 1:21-vv-01586-UNJ Document 12 Filed 02/14/22 Page 1 of 2 REISSUED FOR PUBLICATION FEB 14 2022 OSM U.S. COURT OF FEDERAL CLAIMS In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 14, 2022 * * * * * * * * * * * * * * * DARLENE THOMPSON, * * Petitioner, * No. 21-1586V * v. * Special Master Dorsey * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * DECISION DISMISSING CASE1 On July 19, 2021, Darlene Thompson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or “Vaccine Program”), 42 U.S.C. § 300aa-10 et seq. (2012). Petitioner alleges she is suffering “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[,] [loss] of sleep, headache[, and] sad” as a result of a COVID-19 Pfizer vaccine administered on July 8, 2021. Petition at 1-2 (ECF No. 1). This case was originally assigned to the Chief Special Master on September 9, 2021, and was reassigned to the undersigned on January 11, 2022. The COVID-19 vaccine is not currently covered by the Vaccine Program. It is instead covered by the Countermeasure Injury Compensation Program (“CICP”). Therefore, any petition filed alleging an injury resulting from the COVID-19 vaccine must be dismissed. For further information, petitioner may visit https://www.uscfc.uscourts.gov/coronavirus- announcements and direct any further inquiries regarding COVID-19 vaccine injuries to the CICP at 1-855-266-2427 or cicp@hrsa.gov. 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. Case 1:21-vv-01586-UNJ Document 12 Filed 02/14/22 Page 2 of 2 Accordingly, this case is DISMISSED. The clerk shall enter judgment accordingly. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 2