VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00294
Package ID: USCOURTS-cofc-1_22-vv-00294
Petitioner: Alexis Mae Montgomery
Filed: 2022-03-14
Decided: 2024-01-12
Vaccine: influenza
Vaccination date: 2019-03-14
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Alexis Mae Montgomery filed a petition on March 14, 2022, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on March 14, 2019. The case proceeded as a Table claim. On October 4, 2023, the court issued an Order to Show Cause, indicating that the record might not support all elements for a favorable Table SIRVA claim. On December 4, 2023, Alexis Mae Montgomery filed a Stipulation of Dismissal, requesting the action be dismissed. In accordance with Vaccine Rule 21(a)(1)(B), the case was dismissed without prejudice on January 12, 2024, concluding proceedings on the merits.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00294-0
Date issued/filed: 2024-01-12
Pages: 1
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/11/2023) regarding 28 Order Concluding Proceedings. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00294-UNJ Document 29 Filed 01/12/24 Page 1 of 1
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0294V
UNPUBLISHED
ALEXIS MAE MONTGOMERY Chief Special Master Corcoran
Petitioner,
v. Filed: December 11, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
ORDER CONCLUDING PROCEEDINGS1
On March 14, 2022, Alexis Mae Montgomery filed a petition for compensation the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.2
Petitioner alleged that she suffered a left shoulder injury related to vaccine administration
(“SIRVA”) due to receipt of an influenza (“flu”) vaccine on March 14, 2019. Petition at 1.
On October 4, 2023, I issued an Order to Show Cause stating that the record as
it now stands would not permit a favorable Table SIRVA on the majority of the claim’s
elements. ECF No. 25. On December 4, 2023, Petitioner timely filed a Stipulation of
Dismissal pursuant to 42 U.S.C. § 300aa—21(a), requesting that the action be
dismissed.
In light of Petitioner’s “stipulation of dismissal signed by all parties who have
appeared in the action” pursuant to Vaccine Rule 21(a)(1)(B), this case is dismissed
without prejudice. Accordingly, this Order hereby notifies the Clerk of Court that
proceedings “on the merits” of this petition are now concluded, but no judgment
“on the merits” should be entered by the Clerk’s Office.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
1 Although I have not formally designated this Order for publication, I am required to post it on the United
States Court of Federal Claims' website because it contains a reasoned explanation for the action in this
case, 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 Order 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.