VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01516
Package ID: USCOURTS-cofc-1_22-vv-01516
Petitioner: Billie J. Lavoie
Filed: 2022-10-14
Decided: 2023-05-08
Vaccine: influenza
Vaccination date: 2019-10-15
Condition: neuropathic and gastrointestinal symptoms
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Billie J. Lavoie, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2022. She alleged that an influenza vaccine administered on October 15, 2019, caused her to suffer illness and adverse effects, specifically neuropathic and gastrointestinal symptoms. The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, or treatments. The petitioner's counsel was Daniel Henry Pfeifer of Pfeifer, Morgan & Stesiak. The respondent's counsel was Parisa Tabassian. The Special Master overseeing the case was Nora Beth Dorsey. After the respondent filed a Rule 4(c) Report, the petitioner filed a motion to dismiss her own case on May 8, 2023. In her motion, the petitioner stated that she had consulted with an expert physician but could not secure qualified testimony that adequately established causation between her alleged injuries and the flu vaccine. Consequently, she concluded that she could not meet her burden of proof for entitlement to compensation under the National Vaccine Injury Act. The respondent agreed to the dismissal. Special Master Dorsey reviewed the record and the petitioner's motion. Finding that the petitioner was not entitled to compensation, the Special Master dismissed the case. The public decision does not detail the specific reasoning beyond the petitioner's inability to establish causation and the respondent's agreement to dismissal. Judgment was to be entered accordingly.

Theory of causation field:
Petitioner Billie J. Lavoie filed a petition on October 14, 2022, alleging that an influenza vaccine administered on October 15, 2019, caused neuropathic and gastrointestinal symptoms. The case was before Special Master Nora Beth Dorsey, with Daniel Henry Pfeifer representing the petitioner and Parisa Tabassian representing the respondent. The petitioner moved to dismiss her case on May 8, 2023, stating she could not secure expert testimony to establish causation between her injuries and the vaccine, and thus could not meet her burden of proof under the National Vaccine Injury Act. The respondent agreed to the dismissal. The Special Master dismissed the case, finding the petitioner not entitled to compensation, as the public decision does not describe any specific medical expert testimony, a proposed mechanism of injury, or whether the alleged injuries were a "Table Injury" or an "autism spectrum disorder" or "childhood serious viral infection" as defined by the Act. No award was made.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-01516-0
Date issued/filed: 2023-06-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/8/2023) regarding 22 DECISION of Special Master. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:22-vv-01516-UNJ Document 23 Filed 06/02/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 8, 2023
* * * * * * * * * * * * * * * * * * *
BILLIE J. LAVOIE, * UNPUBLISHED
*
Petitioner, * No. 22-1516V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Petitioner’s Motion for a Decision
AND HUMAN SERVICES, * Dismissing Her Petition; Influenza (“Flu”)
* Vaccine; Neuropathic Symptoms;
Respondent. * Gastrointestinal Symptoms.
*
* * * * * * * * * * * * * * * * * * *
Daniel Henry Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 14, 2022, Billie J. Lavoie (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“Vaccine Program”)2 alleging that as
a result of an influenza (“flu”) vaccine administered on October 15, 2019, she suffered “illness
and adverse effects,” including neuropathic and gastrointestinal symptoms. Petition at 1-3 (ECF
No. 1). The information in the record, however, does not show entitlement to an award under the
Program.
On May 8, 2023, Petitioner file a response to Respondent’s Rule 4(c) Report and moved
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it 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 (2012) (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, the undersigned agrees that the
identified material fits within this definition, the undersigned 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” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.
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Case 1:22-vv-01516-UNJ Document 23 Filed 06/02/23 Page 2 of 2
for a decision dismissing her case. Petitioner’s Response to Respondent’s Rule 4(c) Report
(“Pet. Response”), filed May 8, 2023 (ECF No. 19); Pet. Motion to Dismiss (“Pet. Mot.”), filed
May 8, 2023 (ECF No. 21). Petitioner explained she sought the consultation of an expert
physician; however, Petitioner could not “secure qualified testimony that adequately establishes
causation between her injuries and the [flu vaccine that she received.” Pet. Response at 1; see
also Pet. Mot. at ¶¶ 1-3. Petitioner concluded “that she cannot meet her burden of establishing
her entitlement to compensation under the Act and that her Petition should be dismissed.” Pet.
Response at 1. Respondent confirmed via email that Respondent agreed to the dismissal.
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 actually caused by the vaccination.
See §§ 11(c)(1), 13(a)(1)(A). The records submitted by Petitioner show that she does not meet
the statutory requirement to establish entitlement to compensation. The Federal Circuit has
explained that the eligibility requirements in Section 11(c) are not mere pleading requirements or
matters of proof at trial, but instead are “threshold criteri[a] for seeking entry into the
compensation program.” Black v. Sec’y of Health & Hum. Servs., 93 F.3d 781, 785-87 (Fed.
Cir. 1996).
Accordingly, in light of Petitioner’s motion and a review of the record, the undersigned
finds that Petitioner is not entitled to compensation. Thus, this case is dismissed. The Clerk
shall enter judgment accordingly.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
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