VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01020 Package ID: USCOURTS-cofc-1_23-vv-01020 Petitioner: Kelly Joyner Filed: 2023-06-30 Decided: 2024-07-30 Vaccine: influenza Vaccination date: 2022-10-18 Condition: hemorrhagic stroke Outcome: dismissed Award amount USD: AI-assisted case summary: Kelly Joyner filed a petition alleging that the flu vaccine she received on October 18, 2022, caused her to suffer a hemorrhagic stroke. She sought compensation under the National Vaccine Injury Compensation Program. The Secretary of Health and Human Services contested entitlement, arguing that Ms. Joyner had not provided sufficient evidence of a causal link between the vaccine and her stroke, nor had she established a medically acceptable timeframe for onset. The Secretary also pointed to other potential contributing factors such as hypertension, use of Goody powder, and COVID-19 infection. Ms. Joyner clarified that she did not have hypertension but rather White Coat Syndrome. Ultimately, Ms. Joyner moved to dismiss her own case due to personal reasons. The court granted her motion, dismissing the case with prejudice for insufficient proof, as Ms. Joyner did not provide an expert report to support her claim of vaccine causation. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01020-0 Date issued/filed: 2024-08-21 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 07/30/2024) regarding 37 DECISION of Special Master. Signed by Special Master Christian J. Moran. (ceo) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01020-UNJ Document 43 Filed 08/21/24 Page 1 of 3 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * KELLY JOYNER, * No. 23-1020V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: July 30, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for petitioner; James Vincent Lopez, United States Dep’t of Justice, Washington, DC, for respondent. UNPUBLISHED DECISION DENYING COMPENSATION1 Kelly Joyner alleged that the flu vaccine she received on October 18, 2022 caused her to suffer a hemorrhagic stroke. On July 27, 2024, Ms. Joyner moved for a decision dismissing her petition. I. Procedural History Mr. Joyner filed a petition for compensation on June 30, 2023, alleging that the flu vaccine she received on October 18, 2022 caused her to suffer from a 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-01020-UNJ Document 43 Filed 08/21/24 Page 2 of 3 hemorrhagic stroke requiring extensive hospitalization and rehabilitation.2 Ms. Joyner filed medical records over the next few months. The Secretary filed his Rule 4(c) report on April 12, 2024, contesting entitlement. The Secretary argued that Ms. Joyner had not set forth a persuasive medical theory causally connecting the vaccine and her alleged injury, nor had she provided evidence of a logical sequence of cause and effect supporting her contention that the flu vaccine caused her to suffer any injury. Resp’t’s Rep. at 8. The Secretary noted that Ms. Joyner’s treating doctors suggested that other factors could have contributed to her stroke, such as her history of hypertension, use of Goody powder, and COVID-19 infection. Id. Further, the Secretary argued that Ms. Joyner had not established that the onset of her injury occurred within a medically acceptable timeframe to infer causation-in-fact. Id. Following a status conference on April 24, 2024, Ms. Joyner addressed the issue of her hypertension. Ms. Joyner explained that she does not have hypertension and was never diagnosed with such prior to her stroke. Pet’r’s Status Rep., filed June 4, 2024. Rather, she has White Coat Syndrome, which is an informal term for people who have high blood pressure only in a medical setting due to an increase in blood pressure upon seeing the white coat/doctor. Ms. Joyner included a letter from her primary care physician stating that Ms. Joyner has a diagnosis of “whitecoat syndrome”, that her blood pressure outside the office is normal, and that she does not have essential hypertension. Finally, Ms. Joyner noted that her diagnosis of hypertension did not appear in her records until after her stroke, and that this may have been entered because of her prescription for Propranolol. However, Ms. Joyner was prescribed this medication for anxiety, not hypertension. The parties held a status conference on July 24, 2024. Ms. Joyner stated that, due to personal reasons, she would move to dismiss her case. Ms. Joyner filed a formal motion to dismiss on July 27, 2024. II. Analysis To receive compensation under the National Vaccine Injury Compensation Program (“Program”), a petitioner must prove either 1) that the vaccinee suffered a 2 Ms. Joyner filed an amended petition on July 7, 2023 asserting the same claims but removing an incorrect date invertedly added to the preamble of her original petition. 2 Case 1:23-vv-01020-UNJ Document 43 Filed 08/21/24 Page 3 of 3 “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, Ms. Joyner filed medical records to support her claim. Nonetheless, Ms. Joyner wishes to have her claim dismissed and judgment entered against her. Given Ms. Joyner’s clear intent that a judgment issue in this case, the undersigned will construe this as a motion filed pursuant to 42 U.S.C. § 300aa- 21(b) (regarding involuntary dismissal). To conform to § 12(d)(3), a decision must “include findings of fact and conclusions of law.” Here, Ms. Joyner did not provide an expert report to support her claim that the flu vaccine caused her hemorrhagic stroke. Therefore, there is insufficient evidence to support a finding of vaccine-causation. 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. s/Christian J. Moran Christian J. Moran Special Master 3 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01020-cl-extra-10805642 Date issued/filed: 2025-02-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10339054 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** KELLY JOYNER, * No. 23-1020V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: February 3, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ********************** Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for petitioner; James Vincent Lopez, United States Dep’t of Justice, Washington, DC, for respondent. UNPUBLISHED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 Pursuant to 42 U.S.C. § 300aa-15(e), petitioner has requested a total of $31,568.65 in attorneys’ fees and costs. The undersigned tentatively found that petitioner requested a reasonable amount and was entitled to the full amount 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. requested. The undersigned allowed respondent an opportunity to comment. Respondent did not interpose any objections within the time permitted. Petitioner’s attorney and attorney staff have requested hourly rates that are consistent with the rates previously awarded and/or reasonable. The number of hours is reasonable. Thus, the amount requested is reasonable.2 Petitioner is awarded $31,568.65 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 3 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Petitioner’s expert, Laura S. Boylan, submitted an invoice for a flat-rate invoice. Pet’r’s Mot. at pdf 57. Although this process could raise questions, the Secretary did not. Thus, the invoice is accepted as reasonable. 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2