VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00639
Package ID: USCOURTS-cofc-1_22-vv-00639
Petitioner: C.E.K.
Filed: 2022-06-09
Decided: 2023-10-24
Vaccine: DTaP and PCV 13
Vaccination date: 2019-08-02
Condition: brain inflammation, expressive language disorder, and chronic inflammatory response syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Dana Kendrick, on behalf of her minor child C.E.K., filed a petition on June 9, 2022, alleging that C.E.K. suffered brain inflammation, expressive language disorder, and chronic inflammatory response syndrome as a result of receiving the DTaP and PCV 13 vaccines beginning August 2, 2019. The respondent, the Secretary of Health and Human Services, contested the allegations. The petitioner filed medical records but did not retain an expert to opine on causation. After missing deadlines for expert reports, including an initial deadline of September 1, 2023, which was extended by 30 days on September 6, 2023, Ms. Kendrick moved on September 26, 2023, for a decision dismissing her petition. She stated her understanding that such a dismissal would result in a judgment against her and end her rights in the Vaccine Program, and that she intended to elect to file a civil action instead. The Secretary did not file a response to the motion. Special Master Christian J. Moran noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury, supported by medical records or a physician's opinion. As Ms. Kendrick did not retain an expert to support her claim that the DTaP and PCV 13 vaccines caused C.E.K.'s alleged conditions, there was insufficient evidence to support a finding of vaccine causation. Consequently, the case was dismissed with prejudice for insufficient proof, and judgment was entered against the petitioner. Petitioner counsel was Sean Greenwood of The Greenwood Law Firm, and respondent counsel was Felicia Langel of the United States Department of Justice.

Theory of causation field:
Petitioner Dana Kendrick, on behalf of minor C.E.K., alleged that DTaP and PCV 13 vaccines administered starting August 2, 2019, caused brain inflammation, expressive language disorder, and chronic inflammatory response syndrome. The petition was filed on June 9, 2022. The respondent contested the allegations. Petitioner filed medical records but did not retain an expert to opine on causation. After missing expert report deadlines, petitioner moved to dismiss her petition, stating an intent to elect to file a civil action. Special Master Christian J. Moran found insufficient evidence to support a finding of vaccine causation due to the lack of an expert opinion. The case was dismissed with prejudice for insufficient proof on October 24, 2023. Petitioner counsel was Sean Greenwood, and respondent counsel was Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00639-0
Date issued/filed: 2023-10-24
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 10/2/2023) regarding 35 DECISION of Special Master Signed by Special Master Christian J. Moran. (dksc) Service on parties made.
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Case 1:22-vv-00639-UNJ Document 36 Filed 10/24/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
DANA KENDRICK, * No. 22-639V
on behalf of C.E.K., a minor *
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: October 2, 2023
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * *
Sean Greenwood, The Greenwood Law Firm, Houston, TX, for petitioner;
Felicia Langel, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Ms. Dana Kendrick, on behalf of C.E.K., a minor, alleged that C.E.K.
suffered from brain inflammation, expressive language disorder, and chronic
inflammatory response syndrome as a result of receiving the DTaP and PCV 13
vaccines beginning August 2, 2019. Pet., filed June 9, 2022. On September 26,
2023, Ms. Kendrick moved for a decision dismissing her petition.
I. Procedural History
1 Because 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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.

Case 1:22-vv-00639-UNJ Document 36 Filed 10/24/23 Page 2 of 3
Ms. Kendrick (“petitioner”), on behalf of C.E.K., filed a petition on June 9,
2022. She filed medical records and confirmed that the record was complete on
December 27, 2022.
The case was reassigned to the undersigned on January 5, 2023. On January
30, 2023, the undersigned issued initial orders to schedule upcoming deadlines in
the case, requiring the Secretary to file a Rule 4(c) Report by May 1, 2023 and
petitioner to submit an expert report by September 1, 2023.
On May 1, 2023, the Secretary filed a Rule 4(c) Report, contesting
petitioner’s allegation that the vaccines caused C.E.K.’s injuries.
On September 5, 2023, petitioner filed a status report to explain that
petitioner was unable to file expert reports because no experts were retained at the
time.
On September 6, 2023, the undersigned issued an order, extending
petitioner’s expert report deadline by 30 days. The order stated that petitioner’s
status report from September 5, 2023 did “not contain sufficient information to
conclude that petitioner has diligently attempted to comply with the February 17,
2023 order.” Order, issued Sept. 6, 2023.
On September 20, 2023, petitioner filed a status report, describing her efforts
in retaining experts, but to no avail. On September 26, 2023, petitioner moved for
a decision dismissing her petition. Petitioner stated that she “understands that a
decision by the Special Master dismissing her petition will result in a judgment
against her [and] has been advised that such a judgment will end all of her rights in
the Vaccine Program.” Pet’r’s Mot., filed Sept. 26, 2023. Petitioner “intends to
elect to reject the Vaccine Program judgment against her and elect to file a civil
action.” Id. The Secretary did not file a response to this motion. This matter is
now ready for adjudication.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (hereinafter “the Program”), a petitioner must prove either 1) that the
vaccinee suffered a “Table Injury”—i.e., an injury falling within the Vaccine
Injury Table—corresponding to one of the vaccinations, or 2) that the vaccinee
2

Case 1:22-vv-00639-UNJ Document 36 Filed 10/24/23 Page 3 of 3
suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A)
and 300aa-11(c)(1). Under the Act, a petitioner may not be given a Program award
based solely on the petitioner’s claims alone. Rather, the petition must be
supported by either medical records or by the opinion of a competent physician.
§ 300aa-13(a)(1).
In this case, Ms. Kendrick filed medical records in support of her claim but
did not retain an expert to opine on her case. Therefore, Ms. Kendrick wishes to
have her claim dismissed and judgment entered against her.
To conform to section 12(d)(3), a decision must “include findings of fact and
conclusions of law.” Here, Ms. Kendrick did not retain an expert to support her
claim that the DTaP and PCV 13 vaccines caused C.E.K.’s brain inflammation,
expressive language disorder, and chronic inflammatory response syndrome.
Therefore, there is insufficient evidence to support a finding of vaccine-causation.
Thus, this case is DISMISSED WITH PREJUDICE for insufficient
proof. The Clerk shall enter judgment accordingly. See Vaccine Rule 21(b).
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
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