Maryetta Spells v. HHS - COVID-19, acute cardiac arrest resulting in her death (2021)
Case summary [AI summaries can sometimes make mistakes]
Maryetta Spells, an adult, filed a petition on October 28, 2021, alleging that she suffered acute cardiac arrest resulting in her death due to the COVID-19 vaccine. The petition was filed with the United States Court of Federal Claims, Office of Special Masters.
Special Master Christian J. Moran issued a decision on October 28, 2021.
The decision noted that the COVID-19 vaccine is not covered by the National Vaccine Injury Compensation Program (NVICP) but is instead covered by the Countermeasures Injury Compensation Program (CICP). Therefore, the Special Master dismissed Ms.
Spells' petition with prejudice, finding that the court lacked jurisdiction. The decision advised the petitioner to direct any further inquiries regarding COVID-19 vaccine injuries to the CICP.
No award was made as the case was dismissed for jurisdictional reasons. The clerk was ordered to enter judgment accordingly.
The decision was posted on the court's website pursuant to the E-Government Act.
Theory of causation
Petitioner Maryetta Spells alleged that she suffered acute cardiac arrest resulting in her death due to the COVID-19 vaccine. The Special Master, Christian J. Moran, noted that the COVID-19 vaccine is not covered by the National Vaccine Injury Compensation Program (NVICP) but rather by the Countermeasures Injury Compensation Program (CICP). Consequently, the petition was dismissed with prejudice for lack of jurisdiction. The public decision does not describe the specific vaccine date, petitioner's age at vaccination, onset of symptoms, specific medical findings, treating physicians, or any expert testimony. No award was made.
Source PDFs
USCOURTS-cofc-1_21-vv-01898