VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01652 Package ID: USCOURTS-cofc-1_23-vv-01652 Petitioner: Jesus Villahermosa Filed: 2025-02-18 Decided: 2025-03-18 Vaccine: influenza Vaccination date: 2020-10-13 Condition: shoulder injury Outcome: dismissed Award amount USD: AI-assisted case summary: Jesus Villahermosa filed a petition for compensation under the National Vaccine Injury Compensation Program on February 18, 2025, alleging he suffered a shoulder injury from an influenza vaccine received on October 13, 2020. He claimed this was an on-Table injury. However, Mr. Villahermosa did not submit any supporting medical records or documentation with his petition. The court ordered him to file additional required documents, but he failed to do so. Subsequently, on February 14, 2025, Mr. Villahermosa filed a motion to dismiss his own petition, stating that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation. He understood that this dismissal would result in a judgment against him and end his rights in the program. Chief Special Master Corcoran granted the motion, dismissing the case for insufficient proof, as Mr. Villahermosa failed to establish entitlement and admitted he could not prove his case. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01652-0 Date issued/filed: 2025-03-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 2/18/2025) regarding 16 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01652-UNJ Document 17 Filed 03/18/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1652V UNPUBLISHED JESUS VILLAHERMOSA, Chief Special Master Corcoran Petitioner, v. Filed: February 18, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.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 September 26, 2023, Jesus Villahermosa 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 he suffered a shoulder injury from an influenza vaccine he received on October 13, 2020. ECF No. 1. On February 14, 2025, Petitioner filed a motion for a decision dismissing the petition. ECF No. 15. 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 additional statutorily required documents. ECF No. 5. Petitioner did not subsequently file any supporting documentation. On February 14, 2025, Petitioner filed a motion for a decision dismissing the petition stating that “[a]n investigation of the facts and science supporting his case has demonstrated to petitioner that he will be unable to prove that he is entitled to 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-01652-UNJ Document 17 Filed 03/18/25 Page 2 of 2 compensation in the Vaccine Program.” ECF No. 15 at 1. Petitioner understands that dismissal of his petition would result in a judgment against him and end all his 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 his shoulder injury was caused by the influenza vaccination. Petitioner has not submitted any medical records or other supporting documentation to establish any of the requirements of the Vaccine Act. Moreover, Petitioner admitted in his motion that he will not be able to establish entitlement 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01652-cl-extra-10824180 Date issued/filed: 2025-03-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10357592 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1652V UNPUBLISHED JESUS VILLAHERMOSA, Chief Special Master Corcoran Petitioner, v. Filed: February 18, 2025 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 September 26, 2023, Jesus Villahermosa 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 he suffered a shoulder injury from an influenza vaccine he received on October 13, 2020. ECF No. 1. On February 14, 2025, Petitioner filed a motion for a decision dismissing the petition. ECF No. 15. 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 additional statutorily required documents. ECF No. 5. Petitioner did not subsequently file any supporting documentation. On February 14, 2025, Petitioner filed a motion for a decision dismissing the petition stating that “[a]n investigation of the facts and science supporting his case has demonstrated to petitioner that he will be unable to prove that he is entitled to 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). compensation in the Vaccine Program.” ECF No. 15 at 1. Petitioner understands that dismissal of his petition would result in a judgment against him and end all his 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 his shoulder injury was caused by the influenza vaccination. Petitioner has not submitted any medical records or other supporting documentation to establish any of the requirements of the Vaccine Act. Moreover, Petitioner admitted in his motion that he will not be able to establish entitlement 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