VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01615 Package ID: USCOURTS-cofc-1_24-vv-01615 Petitioner: Daniel Thompson Filed: 2024-10-09 Decided: 2025-09-05 Vaccine: influenza Vaccination date: 2021-10-13 Condition: Guillain-Barre syndrome Outcome: dismissed Award amount USD: AI-assisted case summary: On October 9, 2024, Daniel Thompson filed a petition alleging that an influenza vaccine administered on October 13, 2021 caused Guillain-Barre syndrome. Mr. Thompson was initially represented by counsel, but later proceeded without counsel after his attorney withdrew. After missed deadlines and an order to show cause, Mr. Thompson told the court that he had been unable to obtain new counsel, had no additional evidence to support the claim, and understood that the case would be dismissed. Special Master Thomas L. Gowen dismissed the petition on September 5, 2025. The decision explained that a petitioner cannot receive compensation based only on allegations and must prove either a Table injury or actual vaccine causation through medical records, a medical opinion, or other reliable evidence. No compensation was awarded. Theory of causation field: Influenza vaccine October 13, 2021 allegedly causing GBS; adult, exact age not stated. DISMISSED. Petitioner proceeded pro se after counsel withdrew, missed deadlines, and told the court he had no additional evidence. No medical proof established a Table injury or actual causation. SM Thomas L. Gowen; petition October 9, 2024; dismissal September 5, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01615-0 Date issued/filed: 2025-12-10 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 09/05/2025) regarding 23 DECISION of Special Master. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. (Main Document 24 replaced on 12/19/2025 to include reissued date and redaction footnote) (sw). Service on parties made outside CM/ECF via other appropriate means as provided by RCFC 5(b)(2) on 12/22/2025. (sw) -------------------------------------------------------------------------------- Case 1:24-vv-01615-UNJ Document 24 Filed 12/10/25 Page 1 of 3 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Originally Filed: September 5, 2025 Reissued for Public Availability: December 10, 2025 * * * * * * * * * * * * * DANIEL THOMPSON, * * * * No. 24-1615V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Daniel Thompson, Roosevelt, UT, pro se. Christopher Pinto, U.S. Dept. of Justice, Washington, D.C., for respondent DISMISSAL DECISION1 On October 9, 2024, Daniel Thompson (“petitioner”) filed a claim in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on October 13, 2021, he suffered from Guillain-Barré Syndrome (“GBS”). Id. at Preamble. For the reasons set forth below, the petition is hereby DISMISSED. I. Procedural History Petitioner’s claim was filed on October 9, 2024 and he was represented by an attorney. No medical records accompanied his petition. When the case was in the Pre-Assignment Review (“PAR”) process, petitioner’s attorney of record withdrew from representation and petitioner proceed pro se. See Motion to Withdraw (ECF No. 7). The case was reassigned to my docket on April 9, 2025. Notice of Reassignment (ECF No. 13). 1 Pursuant to Vaccine Rule 18(b), this decision was initially filed on, September 5, 2025, and the parties were afforded 14 days to propose redactions. The parties did not propose any redactions. Accordingly, this decision is reissued in its original form for posting on the Court’s website. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:24-vv-01615-UNJ Document 24 Filed 12/10/25 Page 2 of 3 The undersigned issued an Initial Order on April 23, 2025 and directed petitioner to communicate with Chambers by Mary 23, 2025. Initial Order (ECF No. 14). After missing the initial deadline, the undersigned issued an Order to Show Cause, directing petitioner to communicate immediately with the Court. Order to Show Cause (ECF No. 16). On July 1, 2025, the undersigned held an initial Status Conference with petitioner, directing petitioner to return the Electronic Consent Form and give petitioner an opportunity to discuss his case with another attorney. Scheduling Order (ECF No. 20). On July 29, 2025, petitioner communicated to Chambers that he was going to meet with another attorney and requested additional time to seek representation or to file additional evidence. Scheduling Order (ECF No. 21). On September 2, 2025, petitioner communicated to the Court that he has been unable to secure representation and that he has no additional evidence to support his initial claim. Informal Communication, Sept. 2, 2025. Petitioner represented to the Court and respondent’s counsel that he understands that his case will be dismissed. II. Analysis To receive compensation in the Vaccine Program, petitioners have the burden of proving either: (1) that the vaccinee suffered a “Table Injury,” i.e., an injury beginning within a specified period of time following receipt of a corresponding vaccine listed on the Vaccine Injury Table (a “Table injury”) or (2) that the vaccinee suffered an injury that was caused-in-fact by a covered vaccine. §§ 13(a)(1)(A); 11(c)(1). Under the Vaccine Act, a petitioner may not receive a Vaccine Program award based solely on his claims alone. Rather, the petitioner must be supported by either medical records or by the opinion of a competent physician. 42 U.S.C. § 13(a)(1). Petitioners bear a “preponderance of the evidence” burden of proof for both Table and Non-Table Claims. Id. In this case, petitioner is asserting a Table-Injury but has not file any medical records to support his claim. Accordingly, petitioner has failed to demonstrate that he suffered a Table Injury or that his injury was actually caused by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk of the Court shall enter judgment accordingly. The Clerk of the Court is directed to mail a copy of this decision to petitioner by U.S. Mail to: Mr. Daniel Thompson 801 W. Clubhouse Dr. Box 70-15 2 Case 1:24-vv-01615-UNJ Document 24 Filed 12/10/25 Page 3 of 3 Roosevelt, UT 84066 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01615-cl-extra-11217098 Date issued/filed: 2025-12-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10750513 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 5, 2025 * * * * * * * * * * * * * DANIEL THOMPSON, * * * * No. 24-1615V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Daniel Thompson, Roosevelt, UT, pro se. Christopher Pinto, U.S. Dept. of Justice, Washington, D.C., for respondent DISMISSAL DECISION1 On October 9, 2024, Daniel Thompson (“petitioner”) filed a claim in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on October 13, 2021, he suffered from Guillain-Barré Syndrome (“GBS”). Id. at Preamble. For the reasons set forth below, the petition is hereby DISMISSED. I. Procedural History Petitioner’s claim was filed on October 9, 2024 and he was represented by an attorney. No medical records accompanied his petition. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. When the case was in the Pre-Assignment Review (“PAR”) process, petitioner’s attorney of record withdrew from representation and petitioner proceed pro se. See Motion to Withdraw (ECF No. 7). The case was reassigned to my docket on April 9, 2025. Notice of Reassignment (ECF No. 13). The undersigned issued an Initial Order on April 23, 2025 and directed petitioner to communicate with Chambers by Mary 23, 2025. Initial Order (ECF No. 14). After missing the initial deadline, the undersigned issued an Order to Show Cause, directing petitioner to communicate immediately with the Court. Order to Show Cause (ECF No. 16). On July 1, 2025, the undersigned held an initial Status Conference with petitioner, directing petitioner to return the Electronic Consent Form and give petitioner an opportunity to discuss his case with another attorney. Scheduling Order (ECF No. 20). On July 29, 2025, petitioner communicated to Chambers that he was going to meet with another attorney and requested additional time to seek representation or to file additional evidence. Scheduling Order (ECF No. 21). On September 2, 2025, petitioner communicated to the Court that he has been unable to secure representation and that he has no additional evidence to support his initial claim. Informal Communication, Sept. 2, 2025. Petitioner represented to the Court and respondent’s counsel that he understands that his case will be dismissed. II. Analysis To receive compensation in the Vaccine Program, petitioners have the burden of proving either: (1) that the vaccinee suffered a “Table Injury,” i.e., an injury beginning within a specified period of time following receipt of a corresponding vaccine listed on the Vaccine Injury Table (a “Table injury”) or (2) that the vaccinee suffered an injury that was caused-in-fact by a covered vaccine. §§ 13(a)(1)(A); 11(c)(1). Under the Vaccine Act, a petitioner may not receive a Vaccine Program award based solely on his claims alone. Rather, the petitioner must be supported by either medical records or by the opinion of a competent physician. 42 U.S.C. § 13(a)(1). Petitioners bear a “preponderance of the evidence” burden of proof for both Table and Non-Table Claims. Id. In this case, petitioner is asserting a Table-Injury but has not file any medical records to support his claim. Accordingly, petitioner has failed to demonstrate that he suffered a Table Injury or that his injury was actually caused by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk of the Court shall enter judgment accordingly. 2 The Clerk of the Court is directed to mail a copy of this decision to petitioner by U.S. Mail to: Mr. Daniel Thompson 801 W. Clubhouse Dr. Box 70-15 Roosevelt, UT 84066 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3