VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00026
Package ID: USCOURTS-cofc-1_25-vv-00026
Petitioner: Diana Dillard
Filed: 2025-02-06
Decided: 2025-03-06
Vaccine: influenza
Vaccination date: 2022-01-07
Condition: shoulder injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Diana Dillard filed a petition for compensation under the National Vaccine Injury Compensation Program on February 6, 2025, alleging she suffered a shoulder injury from an influenza vaccine received on January 7, 2022. She claimed this was an "on-Table" injury. However, Ms. Dillard did not file any supporting documentation with her petition, nor did she provide the additional required documents after being ordered to do so. Subsequently, her counsel filed a motion to dismiss the petition, stating they were unable to continue representation and that the petition only contained boilerplate language. Ms. Dillard understood that dismissal would end her rights in the Vaccine Program. The Chief Special Master granted the motion, dismissing the case for insufficient proof, as Ms. Dillard failed to establish entitlement to compensation by not submitting evidence of the vaccination, her injury, or other basic requirements of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00026-0
Date issued/filed: 2025-03-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/6/2025) regarding 7 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:25-vv-00026-UNJ Document 11 Filed 03/06/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-26V
UNPUBLISHED
DIANA DILLARD,
Chief Special Master Corcoran
Petitioner,
v. Filed: February 6, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 8, 2025, Diana Dillard 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 7, 2022. ECF No. 1.
On February 5, 2025, Petitioner filed a motion for a decision dismissing the
petition. ECF No. 6. 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. Subsequently, Petitioner did not file any of the required documentation.
On February 5, 2025, Petitioner filed a motion for a decision dismissing the
petition stating that, “Petitioner’s counsel has fully evaluated petitioner’s claim, and
determined that counsel is unable to continue representing petitioner in this matter.”
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 1:25-vv-00026-UNJ Document 11 Filed 03/06/25 Page 2 of 2
ECF No. 6 ¶ 1. Counsel noted that the petition only contained boilerplate language. Id.
at 1 n.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. ¶ 2.
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’s counsel has declined to continue representing Petitioner with her
vaccine claim, and Petitioner has requested dismissal. Moreover, Petitioner has not
submitted any medical records to establish the vaccination, her injury, or other basic
requirements of the Vaccine Act.
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