VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02224
Package ID: USCOURTS-cofc-1_21-vv-02224
Petitioner: JACQUELINE BEJARANO, on behalf of M.F.B.
Filed: 2021-11-29
Decided: 2024-12-17
Vaccine: Hepatitis B, Rotavirus, and PCV13
Vaccination date: 2020-12-02
Condition: epilepsy, seizures, and/or hemiplegia (left non-dominant side)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On November 29, 2021, Jacqueline Bejarano, on behalf of her minor son M.F.B., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that M.F.B. suffered epilepsy, seizures, and/or hemiplegia (left non-dominant side) as a result of receiving Hepatitis B, Rotavirus, and PCV13 vaccinations on December 2, 2020. Petitioner also alleged in the alternative that these conditions were significantly aggravated by the vaccines. After investigating the facts and science, Petitioner concluded that she would be unable to prove M.F.B. was entitled to compensation and that proceeding further would be unreasonable and a waste of resources. On December 9, 2024, Petitioner filed an unopposed motion to dismiss her petition. Respondent had no objection to the dismissal. Special Master Herbrina D.S. Young noted that to receive compensation, Petitioner must prove either a Table Injury or that the vaccine caused the injury. The record did not contain evidence of a Table Injury, nor persuasive evidence that the vaccines caused or significantly aggravated M.F.B.'s alleged injuries. The public decision states that the medical records were insufficient to prove the claim and that Petitioner had not filed a supportive expert opinion. Therefore, the case was dismissed for insufficient proof. The Clerk was ordered to enter judgment accordingly.

Theory of causation field:
Petitioner Jacqueline Bejarano, on behalf of minor M.F.B., alleged that Hepatitis B, Rotavirus, and PCV13 vaccinations administered on December 2, 2020, caused M.F.B. to suffer epilepsy, seizures, and/or hemiplegia, or significantly aggravated these conditions. The case was dismissed on December 17, 2024, by Special Master Herbrina D.S. Young upon Petitioner's unopposed motion for dismissal due to inability to prove entitlement to compensation. The public decision stated that the record lacked evidence of a Table Injury and persuasive evidence that the vaccines caused or aggravated the alleged injuries. Medical records were deemed insufficient, and no supportive expert opinion was filed. Petitioner was represented by Paul Adrian Green, and Respondent was represented by Camille Michelle Collett. No award was made.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02224-0
Date issued/filed: 2025-01-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/17/2024) regarding 48 DECISION of Special Master. Signed by Special Master Herbrina D S Young. (krt) Service on parties made.
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Case 1:21-vv-02224-UNJ Document 51 Filed 01/30/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 17, 2024
* * * * * * * * * * * * * * * * * * * * * * * * *
JACQUELINE BEJARANO, on behalf *
of M.F.B., *
* Special Master Young
Petitioner, *
v. * No. 21-2224V
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul Adrian Green, Law Office of Paul Green, Pasadena, CA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DISMISSAL DECISION1
On November 29, 2021, Jacqueline Bejarano (“Petitioner”), on behalf of her minor son
M.F.B., filed a petition pursuant to the National Vaccine Injury Compensation Program.2 Pet.,
ECF No. 1. Petitioner alleged that as a result of receiving the Hepatitis B, Rotavirus, and PCV13
vaccinations on December 2, 2020, M.F.B. suffered epilepsy, seizures, and/or hemiplegia (left
non-dominant side). Id. at 1–2. Petitioner alleged in the alternative that M.F.B.’s epilepsy, seizures,
and/or hemiplegia were significantly aggravated by the vaccines that he received on December 2,
2020. Id.
On December 9, 2024, Petitioner filed an unopposed motion for a decision dismissing her
petition. ECF No. 47. In her motion, Petitioner conceded that “[a]n investigation of the facts and
science supporting her case has demonstrated to Petitioner that she will be unable to prove that
M.F.B. is entitled to compensation in the Vaccine Program.” Id. at 1. She continued, “to proceed
further would be unreasonable and would waste the resources of the Court, the [R]espondent, and
1Because 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.
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,” “the Act,” or “the Program”). Hereafter, individual section references
will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:21-vv-02224-UNJ Document 51 Filed 01/30/25 Page 2 of 2
the Vaccine Program.” Id. Petitioner acknowledged judgment will result against her and she
intends to elect to reject judgment. Id. at 2. Petitioner understood she may file for attorneys’ fees
and costs once her case is dismissed and Respondent expressly reserved the right to question good
faith and reasonable basis. Id. at 1–2. Respondent otherwise had no objection to Petitioner’s motion
for a decision dismissing her petition. Id. at 2.
To receive compensation under the Program, Petitioner must prove either (1) that she
suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—corresponding
to the vaccination, or (2) that she suffered an injury that was caused by a vaccine. See §§
13(a)(1)(A), 11(c)(1). An examination of the record did not uncover any evidence that M.F.B.
suffered a “Table Injury.” Further, the record does not contain persuasive evidence that M.F.B.’s
alleged injuries were caused by or significantly aggravated by these vaccines.
Under the Act, petitioners may not be given a Program award based solely on their claims
alone. Rather, the petition must be supported by medical records or the opinion of a competent
physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner’s
claim and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this
case must be dismissed for insufficient proof. The Clerk shall enter judgment accordingly.3
IT IS SO ORDERED.
/s/ Herbrina D.S. Young
Herbrina D.S. Young
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice
renouncing the right to seek review.
2