VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00161
Package ID: USCOURTS-cofc-1_24-vv-00161
Petitioner: DESTINY RAMOS, on behalf of her minor deceased child, Y.G.G.
Filed: 2024-01-31
Decided: 2024-10-08
Vaccine: influenza and hepatitis A
Vaccination date: 2023-03-01
Condition: unspecified injuries and resulted in Y.G.G.’s death
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On January 31, 2024, Destiny Ramos filed a petition on behalf of her minor deceased child, Y.G.G., under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine and a hepatitis A vaccine administered on March 1, 2023, caused unspecified injuries and resulted in Y.G.G.'s death on April 6, 2023. Petitioner initially did not file supporting documentation. On March 4, 2024, Petitioner submitted a declaration and some of Y.G.G.'s medical records, stating that she had been unsuccessful in obtaining the autopsy report from the medical examiner. Later, on July 2, 2024, Petitioner filed documents detailing her unsuccessful efforts to obtain ambulance records. On August 28, 2024, Petitioner moved to dismiss the petition, stating that an investigation into the facts and science supporting the case demonstrated an inability to prove entitlement to compensation. The Special Master noted that to receive compensation, a petitioner must prove either an "on-Table" injury or an "off-Table" injury caused by a vaccine. For off-Table injuries, the petitioner must satisfy the three prongs established in Althen v. Secretary of Health & Human Services: a medical theory connecting the vaccination and the injury, a logical sequence of cause and effect, and a proximate temporal relationship. The Special Master found that Petitioner had not submitted evidence to establish these prongs. Furthermore, for cases alleging vaccine-caused death, the required death certificate or autopsy report had not been filed. Petitioner also admitted she could not prove entitlement. Consequently, the case was dismissed for insufficient proof. The clerk was ordered to enter judgment accordingly. Chief Special Master Brian H. Corcoran issued the decision on September 13, 2024, and it was publicly accessible.

Theory of causation field:
Petitioner alleged an off-Table injury, claiming that influenza and hepatitis A vaccines administered on March 1, 2023, to minor Y.G.G. caused unspecified injuries and resulted in death on April 6, 2023. Petitioner moved to dismiss the petition, admitting inability to prove entitlement. The Special Master noted that for off-Table injuries, the petitioner must satisfy the three Althen prongs: a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship. Petitioner failed to submit evidence establishing these prongs, nor the required death certificate or autopsy report for a death claim. The public decision does not describe the specific medical theory, expert opinions, or mechanism of injury. The case was dismissed for insufficient proof. Petitioner counsel was Jessica Wallace of Siri & Glimstad, LLP, and respondent counsel was Heather L. Pearlman of the U.S. Department of Justice. Chief Special Master Brian H. Corcoran issued the decision on September 13, 2024.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00161-0
Date issued/filed: 2024-10-08
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 9/13/2024) regarding 20 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-00161-UNJ Document 21 Filed 10/08/24 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-161V
UNPUBLISHED
DESTINY RAMOS, on behalf of her
minor deceased child, Y.G.G., Chief Special Master Corcoran
Petitioner, September 13, 2024
v.
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 31, 2024, Destiny Ramos filed a petition for compensation on behalf
of her minor child, Y.G.G., under the National Vaccine Injury Compensation Program,
42 U.S.C. § 300aa—10 through 34,2 (the “Vaccine Act”). Petitioner alleged that an
influenza vaccine and a hepatitis A vaccine Y.G.G. received on March 1, 2023, caused
Y.G.G. to suffer unspecified injuries and resulted in Y.G.G.’s death on April 6, 2023.
ECF No. 1.
On August 28, 2024, Petitioner filed a motion for a decision dismissing the
petition. ECF No. 19. 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 medical records and other
supporting documentation. ECF No. 5. On March 4, 2024, Petitioner filed a declaration
and one set of Y.G.G.’s medical records. ECF No. 6. The declaration stated that
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-00161-UNJ Document 21 Filed 10/08/24 Page 2 of 3
Petitioner had been unsuccessful in obtaining Y.G.G.’s autopsy from the medical
examiner. Exhibit 1. On July 2, 2024, Petitioner filed documents showing her
unsuccessful efforts to obtain ambulance records. ECF No. 15.
On August 28, 2024, Petitioner filed a motion for a 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 [on behalf of Y.G.G.] in the Vaccine Program.” ECF No. 19 at 1.
Petitioner understands that dismissal of the petition would result in a judgment and end
all Y.G.G.’s 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 off-Table injury, i.e., that influenza and hepatitis A vaccines caused
unspecified injuries to Y.G.G. and ultimately resulted in Y.G.G.’s death.
Under the Vaccine Act, a petitioner may not receive compensation 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). For an
off-Table injury, a petitioner must satisfy all three of the elements established by the
Federal Circuit in Althen v. Sec’y of Health & Hum. Servs., 418 F.3d 1274, 1278 (2005):
“(1) a medical theory causally connecting the vaccination and the injury; (2) a logical
sequence of cause and effect showing that the vaccination was the reason for the
injury; and (3) a showing of proximate temporal relationship between vaccination and
injury.”
Petitioner has not submitted any evidence to establish the Althen prongs, such
as an expert report proposing a medical theory, let alone specifying the injuries that
Y.G.G. suffered before passing away. Moreover, for cases alleging that a vaccine
caused death, Petitioner has not filed Y.G.G.’s death certificate or autopsy report as
required by 42 U.S.C. § 300aa—11(c)(2) (promulgated as Vaccine Rule
2(c)(2)(A)(ii)).3 Finally, Petitioner admits in her motion for a decision that she will not be
able to prove entitlement to compensation in this case.
3 Additionally, Petitioner filed this vaccine case in a representative capacity on behalf of Y.G.G. but did not
file any probate documents to establish herself as the administrator of Y.G.G.’s estate as required by
Vaccine Rule 2(c)(2)(C) or did not explain when those documents would be available.
2

Case 1:24-vv-00161-UNJ Document 21 Filed 10/08/24 Page 3 of 3
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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 If Petitioner wishes to bring a civil action, she 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.”
3