VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00672
Package ID: USCOURTS-cofc-1_23-vv-00672
Petitioner: Francine Hargens
Filed: 2024-01-04
Decided: 2024-01-31
Vaccine: influenza
Vaccination date: 2021-10-13
Condition: shoulder injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Francine Hargens filed a petition for compensation on January 4, 2024, on her own behalf, alleging a shoulder injury resulting from an influenza vaccine administered on October 13, 2021. The petition claimed the injury was an "on-Table" condition, meaning it was listed in the Vaccine Injury Table. The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, clinical presentation, diagnostic tests, or treatments related to Ms. Hargens' alleged injury. Ms. Hargens did not file any supporting documentation with her initial petition. Following an order requiring the submission of evidence, she still did not provide any supporting documentation. On January 3, 2024, Ms. Hargens filed a motion to dismiss her own petition, stating that an investigation into the facts and science supporting her case had demonstrated she would be unable to prove her entitlement to compensation under the National Vaccine Injury Compensation Program. Chief Special Master Brian H. Corcoran noted that to receive compensation, a petitioner must prove either an "on-Table" injury or an "off-Table" injury proven to be caused by a vaccine. Ms. Hargens alleged an "on-Table" claim. However, due to her failure to file supporting documentation and her admission that she could not establish entitlement, Chief Special Master Corcoran found that Ms. Hargens failed to establish entitlement to compensation. The case was dismissed for insufficient proof. The public decision does not name petitioner's counsel or respondent's counsel, nor does it mention any expert witnesses or provide a breakdown of any award amount, as the case was dismissed.

Theory of causation field:
Petitioner Francine Hargens filed a petition on January 4, 2024, alleging an "on-Table" shoulder injury from an influenza vaccine received on October 13, 2021. The respondent is the Secretary of Health and Human Services. The public text does not specify the mechanism of injury or name any medical experts. Petitioner failed to file any supporting documentation and subsequently filed a motion to dismiss her own petition, admitting she would be unable to prove entitlement to compensation. Chief Special Master Brian H. Corcoran dismissed the case for insufficient proof and failure to establish entitlement. The outcome was dismissal, with no award granted. The theory of causation, as alleged by the petitioner, was an "on-Table" injury, but this was not substantiated due to the lack of evidence and the petitioner's admission. Attorneys named in the public text are Jonathan J. Svitak for Petitioner and Heather L. Pearlman for Respondent. The decision date was January 31, 2024.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00672-0
Date issued/filed: 2024-01-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/4/2024) regarding 10 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-00672-UNJ Document 11 Filed 01/31/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-672V
UNPUBLISHED
FRANCINE HARGENS,
Chief Special Master Corcoran
Petitioner,
v. Filed: January 4, 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 May 5, 2023, Francine Hargens 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 13, 2021. ECF No. 1.
On January 3, 2024, Petitioner filed a motion for a decision dismissing the
petition. ECF No. 9. 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 statutorily required supporting evidence. ECF No.
5. Petitioner did not subsequently file any supporting documentation.
On January 3, 2024, Petitioner filed a motion for a decision dismissing the
petition stating that “[a]n investigation of the facts and science supporting her case has
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-00672-UNJ Document 11 Filed 01/31/24 Page 2 of 2
demonstrated to petitioner that she will be unable to prove that she is entitled to
compensation in the Vaccine Program.” ECF No. 9 at 1.
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 his shoulder injury was caused by the
influenza vaccination.
Petitioner has not filed any supporting documentation as required by the Vaccine
Act, § 11(c). Moreover, Petitioner admitted that she will not be able to establish 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