VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00544
Package ID: USCOURTS-cofc-1_22-vv-00544
Petitioner: Michael Veytsel
Filed: 
Decided: 2022-12-13
Vaccine: measles, mumps, and rubella (MMR)
Vaccination date: 1988-01-13
Condition: autism spectrum disorder, Asperger syndrome, and attention hyperactivity disorder allegedly following MMR vaccine
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Michael Veytsel filed a pro se Vaccine Program petition alleging that a measles, mumps, and rubella (MMR) vaccine he received on January 13, 1988 caused him to develop autism spectrum disorder, Asperger syndrome, and attention hyperactivity disorder. He stated that those conditions were diagnosed on September 18, 2018. The public decision does not state his date of birth, his age at vaccination, or a petition filing date, and it does not contain medical records describing his childhood development, later diagnoses, or treatment history.

After the petition was received, Special Master Christian J. Moran ordered Mr. Veytsel to file medical records from three years before the vaccination through the present. Mr. Veytsel contacted chambers and stated that he did not plan to file records beyond what he had already filed. The special master issued a second order requiring the records and warning that failure to file them would likely result in dismissal. Mr. Veytsel did not file the ordered records or request more time by the July 25, 2022 deadline.

On September 7, 2022, the special master issued another order requiring Mr. Veytsel either to file the medical records or seek an extension by October 7, 2022. Mr. Veytsel again contacted chambers and said he had no additional medical records to file. The special master then ordered him to show cause by November 28, 2022 why the case should not be dismissed. Mr. Veytsel responded that he had expertise in his own experience and in what was self-evident, but he did not file medical records or establish that he qualified as an expert witness.

On December 13, 2022, Special Master Moran dismissed the case for insufficient evidence. The decision explained that Vaccine Program petitioners must support their claims with medical records and that medical records are essential evidence under the Vaccine Act. Because Mr. Veytsel had not filed records supporting his claim that the 1988 MMR vaccine caused autism spectrum disorder, Asperger syndrome, or attention hyperactivity disorder, and because his communications showed he did not intend to file them, the case was dismissed for failure to present evidence rather than as a sanction. No compensation was awarded. Mr. Veytsel represented himself from Ridgewood, New Jersey.

Theory of causation field:
MMR vaccine allegedly administered Jan. 13, 1988 to Michael Veytsel, causing autism spectrum disorder, Asperger syndrome, and attention hyperactivity disorder reportedly diagnosed Sept. 18, 2018. DISMISSED for insufficient evidence; no compensation. Pro se petitioner did not file ordered medical records from three years before vaccination through the present, despite orders dated May 24, June 7, Sept. 7, and Sept. 30, 2022. He asserted expertise in his own experience and what was self-evident but did not provide records or establish expert qualification. No medical causation mechanism, clinical timeline, treating physician opinion, or expert analysis was reached because proof was missing. SM Christian J. Moran dismissed Dec. 13, 2022. Petitioner pro se, Ridgewood NJ.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00544-0
Date issued/filed: 2022-12-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/13/2022) regarding 14 DECISION of Special Master, Signed by Special Master Christian J. Moran. (cjaj) Service on parties made. (Main Document 15 replaced on 12/29/2022 to add reissued date and footnote) (ypb). Petitioner served via first class mail 12.29.2022 (mjk). Modified on 12/29/2022 (mjk).
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Case 1:22-vv-00544-UNJ Document 15 Filed 12/28/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Reissued for Public Availability Date: December 28, 2022
* * * * * * * * * * * * * * * * * * * * *
MICHAEL VEYTSEL, *
* No. 22-544v
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: December 13, 2022
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Decision dismissing case;
* order to show cause.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michel Veytsel, pro se, Ridgewood, NJ, for petitioner;
Heather Lynn Pearlman, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION12
Mr. Michael Veytsel sought compensation through the Vaccine Program. 42
U.S.C. § 300aa-10 through 34. Mr. Veytsel, however, has not presented sufficient
evidence to be entitled to compensation. Because Mr. Veytsel has not met his
burden of proof, his case is DISMISSED.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this decision on its website. The
posting of this decision will make it available to anyone with the internet. Pursuant to Vaccine
Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information
or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the
special master will appear in the document posted on the website.
2 Pursuant to Vaccine Rule 18(b), this decision was initially filed on December 13, 2022, and the
parties were afforded 14 days to propose redactions. The parties did not propose any redactions.
Accordingly, this decision is reissued in its original form for posting on the Court’s website.

Case 1:22-vv-00544-UNJ Document 15 Filed 12/28/22 Page 2 of 4
I. Procedural History
Representing himself, Mr. Michael Veytsel, alleged a measles mump rubella
(“MMR”) vaccine he received on January 13, 1988 caused him to develop autism
spectrum disorder, Asperger syndrome, and attention hyperactivity disorder. Pet.,
at 1. Mr. Veytsel claims to have been diagnosed with these conditions on
September 18, 2018. Id.
Upon receipt of the petition, Mr. Veytsel was initially ordered to file his
medical records by July 25, 2022, beginning from three years before his
vaccination until the present day. Order, issued May 24, 2022.
Mr. Veytsel then contacted chambers to inform the undersigned that he “did
not plan to file records beyond what he ha[d] [already] filed.” See Order, issued
June 7, 2022. A second order was then issued, again ordering Mr. Veytsel to file
his medical records by the July 25, 2022 deadline. Order, issued June 7, 2022.
Mr. Veytsel was informed that his failure to file the requested medical records
would “likely result in the dismissal of his case.” Id.
On the day of the July 25, 2022 deadline, Mr. Veytsel did not file the
ordered medical records nor a motion for enlargement of time.
Almost one and a half months later, the undersigned issued a third order,
requiring Mr. Veytsel to file either the previously ordered medical records, or a
motion for an enlargement of time by October 7, 2022. Order, issued Sept. 7, 2022.
During the week of September 30, 2022, Mr. Veytsel contacted the
undersigned’s chambers again and reiterated he did not have any additional
medical records to file. Order, filed Sept. 30, 2022. Upon receipt of this
information, the undersigned ordered Mr. Veytsel to show cause by November 28,
2022 as to why his case should not be dismissed.
On November 18, 2022, Mr. Veytsel submitted a filing averring that he had
“expertise in [his] experience, and expertise in what is self evident.” Pet’r’s
Response, filed Nov. 14, 2022. However, Mr. Veytsel did not file the requested
medical records nor explain how his experience qualifies him to be an expert.
2

Case 1:22-vv-00544-UNJ Document 15 Filed 12/28/22 Page 3 of 4
II. Analysis
To receive compensation under the National Childhood Vaccine Injury
Compensation Program (hereinafter “the Program”), a petitioner must submit
medical records. 42 U.S.C. § 300aa–11(c)(2); Vaccine Rule (2)(c)(2)(A). By
convention, special masters ordinarily expect that a petitioner will present medical
records that start three years before the vaccination. Guidelines § II(3)(B)(1).
The medical records are an essential part of a petitioner’s evidence. Medical
records can be used to substantiate petitioner’s claim. 42 U.S.C. § 300aa–13(a).
When a petitioner fails to present medical records, a special master may dismiss
the case for failure to prosecute. Byrd v. Sec’y of Health & Hum. Servs., 142 Fed.
Cl. 79 (20119), aff’d No. 2019-1729, 778 Fed. Appx. 924 (Fed. Cir. July 10,
2019). When a petitioner (or plaintiff) fails to respond to orders, a special master
may dismiss the case. See Sapharas v. Sec’y of Health & Hum. Servs., 35 Fed. Cl.
503 (1996); Tsekouras v. Sec’y of Health & Hum. Servs., 26 Cl. Ct. 439 (1992),
aff’d, 991 F.2d 810 (Fed. Cir. 1993) (table); Vaccine Rule 21(b).
In this case, Mr. Veytsel failed to file any medical records to support his
claim.3 Mr. Veytsel was ordered on several occasions to file medical records to
support his claim that the MMR vaccine caused him to develop autism spectrum
disorder, Asperger syndrome, and attention hyperactivity disorder but failed to do
so. Order, issued May 24, 2022; Order, issued June 6, 2022; Order, issued Sept. 7,
2022. When Mr. Veytsel was ordered on September 30, 2022 to respond by
November 28, 2022 to show cause as to why his case should not be dismissed, he
failed to satisfy this requirement. See Order, issued Sept. 30, 2022; Pet’r’s
Response, filed Nov. 14, 2022. Moreover, Mr. Veystel’s communications indicate
that he does not intend to submit medical records.
Consequently, Mr. Veytsel’s case is dismissed for failure to present evidence
(medical records), not as a sanction. See Duncan v. Sec’y of Health & Hum.
Servs., 153 Fed. Cl. 642 (2021) (denying motion for review of a decision for
failure to present persuasive evidence).
Accordingly, this case is dismissed for insufficient evidence. The Clerk
shall enter judgment accordingly. See Vaccine Rule 21(b).
3 Had Mr. Veytsel filed the requested medical records, one might have been able to determine
whether Mr. Veytsel had complied with the statute of limitations in the Vaccine Program.
However, this decision does not rule of the issue of statute of limitations because of the lack of
sufficient factual evidence.
3

Case 1:22-vv-00544-UNJ Document 15 Filed 12/28/22 Page 4 of 4
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
4