Thompson v. Secretary of Health and Human Services

REISSUED FOR PUBLICATION

FEB 14 2022

OSM U.S. COURT OF FEDERAL CLAIMS In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: January 14, 2022

* * * * * * * * * * * * * * * DARLENE THOMPSON, *

* Petitioner, * No. 21-1586V *

v. * Special Master Dorsey

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * *

DECISION DISMISSING CASE 1

On July 19, 2021, Darlene Thompson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or “Vaccine Program”), 42 U.S.C. § 300aa-10 et seq. (2012). Petitioner alleges she is suffering “side effects . . . in [her] upper extremity, severe pain in sho[u]lder, upper arms, right arm w[h]ere shot is at, muscle cramps, twitches in face, blurred vision, fatigue[,] [loss] of sleep, headache[, and] sad” as a result of a COVID-19 Pfizer vaccine administered on July 8, 2021. Petition at 1-2 (ECF No. 1).

This case was originally assigned to the Chief Special Master on September 9, 2021, and was reassigned to the undersigned on January 11, 2022.

The COVID-19 vaccine is not currently covered by the Vaccine Program. It is instead covered by the Countermeasure Injury Compensation Program (“CICP”). Therefore, any petition filed alleging an injury resulting from the COVID-19 vaccine must be dismissed. For further information, petitioner may visit https://www.uscfc.uscourts.gov/coronavirus- announcements and direct any further inquiries regarding COVID-19 vaccine injuries to the CICP at 1-855-266-2427 or [email protected].

Accordingly, this case is DISMISSED. The clerk shall enter judgment accordingly. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master