VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00050
Package ID: USCOURTS-cofc-1_24-vv-00050
Petitioner: Kristy Sipe
Filed: 2024-01-12
Decided: 2024-07-19
Vaccine: influenza
Vaccination date: 2021-01-12
Condition: shoulder injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kristy Sipe filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2024, alleging she suffered a shoulder injury from an influenza vaccine received on January 12, 2021. The petition alleged an on-Table claim for SIRVA. However, Ms. Sipe did not submit any supporting medical records to establish the vaccination or her injury. Following an order requiring additional documentation, which was not provided, Ms. Sipe filed a motion to dismiss her own petition on July 17, 2024. She stated that an investigation demonstrated she would be unable to prove her entitlement to compensation. The Chief Special Master granted the motion, dismissing the case for insufficient proof. Ms. Sipe's alleged shoulder injury is a localized musculoskeletal issue and does not involve neurological or developmental sequelae, thus it does not overlap with autism spectrum presentations. The case was dismissed without an award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00050-0
Date issued/filed: 2024-08-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/19/2024) regarding 14 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:24-vv-00050-UNJ Document 19 Filed 08/16/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-50V
UNPUBLISHED
KRISTY SIPE,
Chief Special Master Corcoran
Petitioner,
v. Filed: July 19, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Wallace, Siri & Glimstad, LLP, Aventura, FL, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 12, 2024, Kristy Sipe 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 January 12, 2021. ECF No. 1.
On July 17, 2024, Petitioner filed a motion for a decision dismissing the petition.
ECF No. 12. 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 July 17, 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
demonstrated to petitioner that she will be unable to prove that she 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 1:24-vv-00050-UNJ Document 19 Filed 08/16/24 Page 2 of 2
compensation in the Vaccine Program.” ECF No. 12 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 submitted any medical records to establish the vaccination, her
injury, or other basic requirements of the Vaccine Act. Moreover, Petitioner admitted in
the motion for decision that she would not be able to prove entitlement to compensation
for her vaccine claim.
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