VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00764
Package ID: USCOURTS-cofc-1_22-vv-00764
Petitioner: Eliza Welder
Filed: 2022-07-14
Decided: 2025-12-02
Vaccine: tetanus-diphtheria-acellular pertussis (Tdap)
Vaccination date: 2019-07-17
Condition: collagenous colitis / significant aggravation
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On July 14, 2022, Eliza Welder filed a petition alleging that a Tdap vaccine administered on July 17, 2019 caused or significantly aggravated collagenous colitis. The public decision identifies her as an adult petitioner but does not state her exact age.

The case did not proceed to a merits finding. The public text indicates that petitioner had not supplied sufficient medical records or expert proof to establish entitlement. Respondent did not object to dismissal but reserved its position on whether the claim had a reasonable basis for any later attorneys' fees request.

On December 2, 2025, Chief Special Master Brian H. Corcoran dismissed the petition for insufficient proof. The decision noted petitioner's stated intention to reject judgment and pursue any available civil action outside the Vaccine Program.

Theory of causation field:
Adult petitioner; Tdap vaccine July 17, 2019; alleged vaccine-induced collagenous colitis/significant aggravation. DISMISSED for insufficient proof. Public decision states medical records/expert support were inadequate; respondent did not object but reserved good faith/reasonable-basis issues. No injury compensation awarded. CSM Corcoran December 2, 2025. Petition filed July 14, 2022.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00764-0
Date issued/filed: 2025-12-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/2/25) regarding 39 DECISION of Special Master. Signed by Special Master Herbrina D S Young. (kis) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00764-UNJ Document 41 Filed 12/29/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 2, 2025
* * * * * * * * * * * * * * *
ELIZA WELDER, * No. 22-764V
*
Petitioner, * Special Master Young
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DISMISSAL DECISION1
On July 14, 2022, Eliza Welder (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 Pet., ECF No. 1. Petitioner alleged that the administration
of a tetanus, diphtheria, and pertussis (“Tdap”) vaccine she received on July 17, 2019, caused her
to suffer “vaccine-induced collagenous colitis.” Id. at Preamble. Alternatively, she alleged the
vaccine significantly aggravated her condition. Id.
On December 1, 2025, Petitioner filed an unopposed motion for a decision dismissing her
petition. ECF No. 38. Petitioner acknowledged judgment will result against her and will end her
rights in the Vaccine Program. Id. at 1. She intends to elect to reject judgment and file a civil
action. Id. at 1–2. 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
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.

Case 1:22-vv-00764-UNJ Document 41 Filed 12/29/25 Page 2 of 2
basis. Id. at 1. Respondent otherwise had no objection to Petitioner’s motion for a decision
dismissing her petition. Id.
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 Petitioner
suffered a “Table Injury.” Further, the record does not contain persuasive evidence that Petitioner’s
alleged injury was caused by the Tdap vaccine or significantly aggravated.
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