VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00832
Package ID: USCOURTS-cofc-1_24-vv-00832
Petitioner: Christopher Seter
Filed: 2024-05-28
Decided: 2024-07-10
Vaccine: COVID-19
Vaccination date: 
Condition: various injuries
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On May 28, 2024, Christopher Seter filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging various injuries resulting from receiving COVID-19 vaccines on April 2, 2021, April 22, 2021, and December 17, 2021. The petition was filed by Christopher Seter, pro se. The respondent was the Secretary of Health and Human Services, represented by Heather L. Pearlman of the U.S. Department of Justice. Chief Special Master Brian H. Corcoran issued a decision on July 10, 2024, which was reissued for public availability on August 14, 2024. The decision dismissed the petition because the COVID-19 vaccine is not currently listed on the Vaccine Injury Table. To be eligible for compensation under the Vaccine Act, a petitioner must demonstrate that they received a vaccine listed on the Table. The public decision notes that vaccines are added to the Table after specific steps involving the Department of Health and Human Services and Congress, including the enactment of an excise tax on the vaccine. Since the COVID-19 vaccine is not on the Table, the petition could not meet this threshold requirement for compensation. The decision cited Danberry v. Sec’y of Health & Hum. Servs. as an example of a dismissal for claims involving vaccines not on the Table. The petition was dismissed, and the Clerk of the Court was ordered to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
Petitioner Christopher Seter filed a petition on May 28, 2024, alleging various injuries from COVID-19 vaccines administered on April 2, 2021, April 22, 2021, and December 17, 2021. The case was dismissed by Chief Special Master Brian H. Corcoran on July 10, 2024 (reissued August 14, 2024) because the COVID-19 vaccine is not listed on the Vaccine Injury Table. Eligibility for compensation under the National Vaccine Injury Compensation Program requires the vaccine to be on the Table, which is established through specific regulatory and legislative processes, including the imposition of an excise tax. As the COVID-19 vaccine is not on the Table, the petitioner could not meet the statutory requirement for compensation. The public decision does not describe the specific injuries alleged, the petitioner's counsel, respondent's counsel, any medical experts, or a specific theory of causation beyond the requirement of the vaccine being listed on the Table. The outcome was dismissal, with no award granted.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_24-vv-00832-0
Date issued/filed: 2024-08-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/10/2024) regarding 7 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made. Petitioner served via e-mail on 8/15/2024 (sw).
--------------------------------------------------------------------------------
Case 1:24-vv-00832-UNJ Document 8 Filed 08/14/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-832V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
CHRISTOPHER SETER *
* Chief Special Master Corcoran
Petitioner, *
*
v. * Dated: July 10, 2024
*
SECRETARY OF HEALTH AND * Reissued for Public Availability:
HUMAN SERVICES * August 14, 2024
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Christopher Seter, Franklin, TN, pro se Petitioner.
Heather L. Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION DISMISSING PETITION1
On May 28, 2024, Christopher Seter filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”)2. Petitioner alleges various
injuries as a result of receiving COVID-19 vaccines on April 2, 2021, April 22, 2021, and
December 17, 2021. See generally Petition (ECF No. 1).
To be entitled to compensation under the Vaccine Act, a petitioner must demonstrate that
he or she received a vaccine listed on the Vaccine Injury Table (the “Table”). § 11(c)(1)(A); 42
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.
Pursuant to Vaccine Rule 18(b), this Decision was initially issued on July 10, 2024, and served on the parties. The
parties were afforded 14 days to propose redactions but did not submit any. Accordingly, this Decision is reissued in
its original form for posting on the Court’s website.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa—10 through 34 (2012)) (hereinafter “Vaccine Act” or
“the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C.
§ 300aa.

Case 1:24-vv-00832-UNJ Document 8 Filed 08/14/24 Page 2 of 2
C.F.R. § 100.3 (Table). Vaccines are added to this Table only after two steps are taken by the
Department of Health and Human Services and by Congress. First, compensation in the Program
can only be awarded to individuals “who have been injured by vaccines routinely administered to
children.” H.R. Rep. 99-908, 1986 U.S.C.C.A.N. 6344 at 3. Thus, the vaccine at issue must be
designated by the Centers for Disease Control as appropriate for children or pregnant women (even
if it is also administered to adults). Then, the Secretary of Health and Human Services may
promulgate regulations to amend the Vaccine Injury Table to add the new vaccine. § 14(c)(1).
Second, Congress must enact an excise tax on each vaccine listed on the Table to provide funds
for compensation awarded to successful vaccine claims. A vaccine becomes the basis for a claim
in the Vaccine Program on the date the tax is enacted. 26 U.S.C. § 4131(a); see also Omnibus
Budget Reconciliation Act of 1993, Pub. L. No. 103–66, § 13632(a)(3), 107 Stat. 312 (1993).
The COVID-19 vaccine does not yet appear on the Table and is therefore not covered by
the Vaccine Program. As a result, at the present time, no petitioner can demonstrate that he
“received a vaccine set forth in the Vaccine Injury Table” based upon a COVID-19 vaccine.
Section 11(c)(1)(A). Accordingly, the petition must be dismissed. See, e.g., Danberry v. Sec’y of
Health & Hum. Servs., No. 20-778V, 2020 WL 6375330 (Fed. Cl. Spec. Mstr. Sept. 28, 2020)
(dismissing a claim seeking compensation for injuries incurred after receiving Pneumovax-23 and
Shingrix—two vaccines that are not set forth in the Table).3
CONCLUSION
Accordingly, and for the aforementioned reasons, the Petition is dismissed. In the absence
of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court SHALL
ENTER JUDGMENT in accordance with the terms of this Decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Petitioner may review the Court’s notice about COVID-19 vaccine claims on its website:
http://www.uscfc.uscourts.gov/vaccine-programoffice-special-masters.
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment if (jointly or separately) they file notices
renouncing their right to seek review.
2