VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00227
Package ID: USCOURTS-cofc-1_23-vv-00227
Petitioner: Samantha Dotson
Filed: 2023-02-15
Decided: 2024-02-01
Vaccine: influenza
Vaccination date: 2021-12-16
Condition: autoimmune hepatitis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Samantha Dotson filed a petition alleging that the influenza and COVID-19 vaccines she received on December 16, 2021, caused her to develop autoimmune hepatitis. She filed her petition with the Court of Federal Claims on February 15, 2023. The Secretary of Health and Human Services contested entitlement, arguing that the influenza vaccine did not cause the autoimmune hepatitis. During the proceedings, Ms. Dotson moved to dismiss her own petition, stating that it had become clear she was unlikely to prevail based on the developing science regarding the vaccines and autoimmune hepatitis. She understood that a dismissal would result in a judgment against her, preserving her option to file a civil action. The Special Master granted the motion, construing it as a motion for involuntary dismissal, and dismissed the case with prejudice for insufficient proof. The decision was issued on February 1, 2024.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00227-0
Date issued/filed: 2024-02-01
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 1/10/2024) regarding 26 DECISION of Special Master Signed by Special Master Christian J. Moran. (dksc) Service on parties made.
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Case 1:23-vv-00227-UNJ Document 30 Filed 02/01/24 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
SAMANTHA DOTSON, * No. 23-227V
*
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: January 10, 2024
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Daisy Mazoff, Siri & Glimstad LLP, for petitioner;
Rachelle Bishop, United States Dep’t of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Ms. Samantha Dotson alleged that the influenza vaccine and COVID-19 vaccine she
received on December 16, 2021 caused her to develop autoimmune hepatitis. Pet., filed Feb. 15,
2023. On December 21, 2023, Ms. Dotson moved for a decision dismissing her petition.
I. Procedural History
Ms. Dotson (petitioner) filed a petition on February 15, 2023. The case was reassigned to
the undersigned in June 2023, and thereafter a comprehensive initial order was issued. A status
conference was held in late June 2023 during which the undersigned reviewed the deadlines set
out in the initial order and encouraged petitioner’s counsel to review some autoimmune hepatitis
cases. Order, issued July 18, 2023. Petitioner’s counsel also advised the undersigned that
petitioner had filed a claim in the Countermeasures Injury Compensation Program for the
COVID-19 vaccine.
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 1:23-vv-00227-UNJ Document 30 Filed 02/01/24 Page 2 of 3
After the status conference, the undersigned proposed a set of instructions, which were
then made final in August 2023.
The Secretary submitted a Rule 4(c) Report in September 2023, contesting that the
influenza vaccine caused petitioner’s autoimmune hepatitis.
On December 21, 2023, petitioner moved for a decision dismissing her petition, stating
that “[a]s this case developed, it has now become clear that [p]etitioner is unlikely to prevail
based on the developing science and information regarding the administration of the flu vaccine,
the COVID-19 vaccine, and the development of autoimmune hepatitis.” Pet’r’s Mot., filed Dec.
21, 2023. Petitioner “understands that a decision from the Special Master dismissing the Petition
will result in a final judgment against her.” Id. Petitioner “plans to elect to reject the VICP
judgment against her and preserve her option to file a civil action.” Id. 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 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, petitioner filed medical records in support of her claim, but nonetheless,
wishes to have her claim dismissed and judgment entered against her. Though petitioner did not
cite to a specific rule when filing this motion, the undersigned will construe this as a motion filed
pursuant to 42 U.S.C. § 300aa-21(b) (regarding involuntary dismissal), given petitioner’s clear
intent that a judgment be issued in this case, protecting her right to file a civil action in the
future. See Pet’r’s Mot., filed Dec. 21, 2023.
To conform to section § 300aa-12(d)(3), a decision must “include findings of fact and
conclusions of law.” Here, although the parties were in the process of presenting arguments, the
evidence weighs against a finding that the influenza vaccine caused the autoimmune hepatitis.
Without a showing that the vaccine allegedly caused petitioner’s condition, the case must be
denied. Althen v. Sec'y of Health & Hum. Servs., 418 F.3d 1274, 1278 (Fed. Cir. 2005).
Thus, the Motion for Decision is GRANTED and this case is DISMISSED WITH
PREJUDICE for insufficient proof. The Clerk shall enter judgment accordingly. See
Vaccine Rule 21(b).
IT IS SO ORDERED.
2

Case 1:23-vv-00227-UNJ Document 30 Filed 02/01/24 Page 3 of 3
s/Christian J. Moran
Christian J. Moran
Special Master
3