VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01810
Package ID: USCOURTS-cofc-1_22-vv-01810
Petitioner: Theresa Grillo
Filed: 2022-12-08
Decided: 2023-08-04
Vaccine: Tdap
Vaccination date: 2019-11-13
Condition: demyelinating disease
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Theresa Grillo filed a petition on December 8, 2022, alleging she developed a demyelinating disease from a Tdap vaccination received on November 13, 2019. The case proceeded through several status conferences as Ms. Grillo sought legal representation. She eventually informed the court that she was unable to retain counsel and did not wish to proceed pro se. Ms. Grillo then filed a motion to dismiss her petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation. The Special Master granted her motion, dismissing the petition and ordering that judgment be entered against her. The decision noted that Ms. Grillo has the right to file a civil action within 90 days after entry of judgment.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-01810-0
Date issued/filed: 2023-09-01
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 8/4/2023) regarding 16 DECISION Dismissing Petition. Signed by Special Master Katherine E. Oler. (emh) Service on parties made. Petitioner served via e-mail on 9/1/2023. (fm).
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Case 1:22-vv-01810-UNJ Document 17 Filed 09/01/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1810V
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
THERESA GRILLO,
* Special Master Katherine E. Oler
*
Petitioner, *
*
v.
*
*
SECRETARY OF HEALTH AND * Filed: August 4, 2023
*
HUMAN SERVICES,
*
Reissued for Public Availability:
*
Respondent. * September 1, 2023
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Theresa Grillo, Deerfield Beach, FL, pro se
Julia Collison, U.S. Department of Justice, Washington, DC, for Respondent
DECISION DISMISSING PETITION1
I. Procedural History
On December 8, 2022, Theresa Grillo (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program,2 alleging developed a demyelinating disease
from the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination she received on November
13, 2019. Pet. at 1, ECF No. 1.
On December 22, 2022, I held a status conference with the parties to discuss how this case
would proceed. See Scheduling Order dated 12/22/2022, ECF No. 12. Petitioner informed me she
was speaking with a firm and I granted her time to file a status report on her efforts to secure legal
representation. See id.
On February 21, 2023, Petitioner emailed my law clerk requesting additional time to search
for legal representation; I granted that request. See Scheduling Order dated 2/22/2023, ECF No.
13.
1 Pursuant to Vaccine Rule 18(b), this decision was initially filed on August 4, 2023, 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.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine
Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that
statutory prefix).

Case 1:22-vv-01810-UNJ Document 17 Filed 09/01/23 Page 2 of 3
On April 27, 2023, Petitioner called my chambers and informed me she was unable to
retain legal representation and did not wish to proceed pro se. See Informal Communication
Remark dated 4/27/2023. My law clerk emailed Petitioner the Court’s website link for sample
filings to assist Petitioner in dismissing her case.
On May 9 and 23, 2023, my law clerk followed up with Petitioner via email. On May 30,
2023, my law clerk called Petitioner who indicated she believed she had already dismissed her
case but would file a motion to dismiss shortly. See Informal Communication Remark dated
5/30/2023.
On May 31, 2023, Petitioner mailed a paper copy of her motion to dismiss after
unsuccessfully attempting to file it electronically. It was received by the Clerk’s Office on June
12, 2023 but not entered into the docket because the motion had the wrong case number.
On August 3, 2023, the Clerk’s Office issued a deficiency memo. On the same day, I issued
an order directing the Clerk of Court to file Petitioner’s motion. ECF No. 14.
Petitioner’s motion states:
An investigation of the facts and science supporting [her] case has demonstrated to
petitioner that [she] will be unable to prove that [she] is entitled to compensation in
the Vaccine Program. In these circumstances, to proceed further would be
unreasonable and would waste the resources of the Court, the respondent, and the
Vaccine Program. Petitioner understands that a decision by the Special Master
dismissing [her] petition will result in a judgment against [her]. [She] has been
advised that such a judgment will end all of [her] rights in the Vaccine Program.
ECF No. 15 at 1.
II. Conclusion
Vaccine Rule 21(b)(1) provides that a “special master or the court may dismiss a petition
or any claim therein for failure of the petitioner to prosecute or comply with these rules or any
order of the special master or the court.” Petitioner has indicated that she does not intend to pursue
the claims made in her petition and that she prefers that the petition be dismissed.
As such, IT IS ORDERED THAT,
Petitioner’s motion for a decision dismissing her petition is GRANTED and the petition is
hereby DISMISSED. The Clerk shall enter judgment accordingly.3
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:22-vv-01810-UNJ Document 17 Filed 09/01/23 Page 3 of 3
If Petitioner wishes to preserve her right to file a civil action in this case, she must file an
election in writing with the Clerk of Court indicating her intent to file a civil action for damages
within 90 days after entry of judgment. See Vaccine Rule 12(a).
A copy of this Decision shall be sent to Petitioner by email to teegrillo@comcast.net.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3