VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00368
Package ID: USCOURTS-cofc-1_23-vv-00368
Petitioner: April Chesnutt-Kriss
Filed: 2023-03-14
Decided: 2024-05-13
Vaccine: influenza
Vaccination date: 2020-10-26
Condition: shoulder injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
April Chesnutt-Kriss filed a petition for compensation under the National Vaccine Injury Compensation Program on March 14, 2023, alleging she suffered a shoulder injury from an influenza vaccine received on October 26, 2020. She claimed this was an on-Table injury. However, Petitioner did not file any supporting documentation with her petition. Despite being ordered to do so, she failed to submit the required documents for over a year. On April 25, 2024, Petitioner filed a motion to dismiss her own case, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation. The Chief Special Master granted the motion, finding that Petitioner failed to establish entitlement due to insufficient proof and the admission that she could not prove her case. Consequently, the case was dismissed, and judgment was entered against Petitioner.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00368-0
Date issued/filed: 2024-06-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/13/24) regarding 15 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:23-vv-00368-UNJ Document 16 Filed 06/11/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-368V
UNPUBLISHED
APRIL CHESNUTT-KRISS,
Chief Special Master Corcoran
Petitioner,
v. Filed: May 13, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On March 14, 2023, April Chesnutt-Kriss filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through
34,2 (the “Vaccine Act”). Petitioner alleged that she suffered a shoulder injury from an
influenza vaccine she received on October 26, 2020. ECF No. 1.
On April 25, 2024, Petitioner filed a motion for a decision dismissing the petition.
ECF No. 14. For the reasons set forth below, Petitioner’s motion is GRANTED, and this
case is DISMISSED.
Relevant Procedural History
Petitioner did not file any supporting documentation with the petition. The PAR
Initial Order required Petitioner to file the statutorily required documents. ECF No. 5.
More than a year after initiating her claim, Petitioner has not yet filed any supporting
documentation.
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), 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:23-vv-00368-UNJ Document 16 Filed 06/11/24 Page 2 of 2
On April 12, 2024, Petitioner filed a status report stating her intent to file a motion
for decision to dismiss her petition. ECF No. 13.
On April 25, 2024, Petitioner filed a motion for decision dismissing the petition
stating that 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.” ECF No. 14 at 1. Petitioner understands that
dismissal of her petition would result in a judgment against her and end all her rights in
the Vaccine Program. Id.
Grounds for Dismissal
To receive compensation under the National Vaccine Injury Compensation
Program, a petitioner must prove either 1) that the vaccinee suffered an “on-Table”
injury – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of
the listed vaccines within the applicable time frames, or 2) that the vaccinee suffered an
injury not listed the Table or outside the applicable time frames, an “off-Table” injury,
that was actually caused by a listed vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1).
Petitioner alleged an on-Table claim, i.e., that her shoulder injury was caused by the
influenza vaccination.
Petitioner has not filed any supporting documentation to establish her vaccine
claim. Moreover, in her motion for decision, Petitioner admitted that she would not be
able to prove that she is entitled to compensation in the Vaccine Program.
Thus, Petitioner has failed to establish entitlement to compensation in the Vaccine
Program. This case is dismissed for insufficient proof. The clerk shall enter
judgment accordingly.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 If Petitioner wishes to bring a civil action, he must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
2