VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00495 Package ID: USCOURTS-cofc-1_22-vv-00495 Petitioner: L.D. Filed: 2022-11-17 Decided: 2023-03-09 Vaccine: HPV Vaccination date: 2019-11-20 Condition: Autoimmune/Inflammatory Syndrome induced by adjuvants (ASIA) Outcome: dismissed Award amount USD: AI-assisted case summary: L.D. filed a petition alleging that she sustained Autoimmune/Inflammatory Syndrome induced by adjuvants (ASIA) as a result of the human papillomavirus (HPV) vaccine she received on November 20, 2019. On November 7, 2022, L.D. moved for a Decision Dismissing the Petition, stating that she would be unable to prove entitlement to compensation. She indicated that proceeding would be unreasonable and would waste the resources of the Court, Respondent, and the Vaccine Program. L.D. understood that a dismissal would result in a judgment against her and end all her rights in the Vaccine Program. The Court noted that to be entitled to compensation, a petitioner must demonstrate a Table Injury or that the vaccine actually caused the injury. L.D. determined she could not prevail on her causation theory, which was consistent with the Court's preliminary view that claims based on ASIA as a causation theory, or general injuries attributable to the HPV vaccine, had routinely failed. The Court dismissed the petition for insufficient proof, stating that a petition must be supported by medical records or a medical opinion, and that L.D.'s claim alone was insufficient. Judgment was entered accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00495-0 Date issued/filed: 2023-03-09 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/17/2022) regarding 19 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00495-UNJ Document 30 Filed 03/09/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0495V * * * * * * * * * * * * * * * * * * * * * * * * * * L.D., * Filed: November 17, 2022 * Petitioner, * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION GRANTING MOTION AND DISMISSING PETITION On May 4, 2022, L.D. filed a Petition under the National Vaccine Injury Compensation Program1 (the “Vaccine Program”). Petitioner alleged that she sustained Autoimmune/Inflammatory Syndrome induced by adjuvants (“ASIA”) as a result of the human papillomavirus (“HPV”) vaccine she received on November 20, 2019. Petition (ECF No. 1) (“Pet.”) at 1. On November 7, 2022, Petitioner moved for a Decision Dismissing the Petition, stating that “given the current state of the case law in the Vaccine Program that she will be unable to prove that she is entitled to compensation in the Vaccine Program.” (ECF No. 16). Petitioner states that it would be unreasonable to proceed and would waste the resources of the Court, the Respondent, and the Vaccine Program. Id. Petitioner further indicated that she “understands that a decision by the Special Master dismissing her petition will result in a judgment against her. She has been advised that such judgment will end all of her rights in the Vaccine Program.” Id. To be entitled to compensation under the Vaccine Act, a petitioner must demonstrate that he or she 1) suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table— corresponding to her vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See § 13(a)(1)(A) and 11(c)(1). Petitioner has, however, determined that she would not be able to prevail in this matter based on the causation theory set forth in her Petition. And this is consistent with my preliminary view of the case, which I shared with the parties during a status conference. See July 26, 2022 Scheduling Order (ECF No. 14). I explained to Petitioner at that 1 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:22-vv-00495-UNJ Document 30 Filed 03/09/23 Page 2 of 2 time that claims based upon ASIA as a causation theory, and/or claims alleging general injuries attributable to the HPV vaccine, had routinely failed, and that this case was likely to experience the same result. Under the Vaccine Act, a petitioner may not be awarded compensation based on the petitioner’s claim alone. Rather, the petition must be supported by either the medical records or by a medical opinion. Section 13(a)(1). For these reasons, in accordance with Section 12(d)(3)(A), Petitioner’s claim for compensation is therefore denied and this case is dismissed for insufficient proof. The Clerk of Court shall enter judgment accordingly.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.