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Vaccine Injury Compensation Program: Redaction of Petitioner's Name

Strategic Insights

— 1 min read

In a recent ruling, Chief Special Master Brian H. Corcoran granted a motion to redact the name of a petitioner, J.W., from the decision and accompanying proffer in a case related to a shoulder injury from a vaccine administration. The motion was filed on August 6, 2024, citing concerns that the petitioner's personal information had been accessed by identity thieves, who had made multiple attempts to steal her financial and medical information. The petitioner argued that public disclosure of her name could lead to further attempts to steal her compensation award.

Key Takeaways:

  • The petitioner, J.W., alleged a shoulder injury related to vaccine administration (SIRVA) caused by a Human Papillomavirus vaccine administered on April 28, 2022.
  • The petitioner's motion for redaction was granted, with the court determining that she had established grounds for redacting her name from the decision and accompanying proffer.
  • The decision cites previous cases, including K.L. v. Sec'y of Health & Hum. Servs., No. 12-0312V, 2015 WL 11387761, which balanced a petitioner's privacy interests against the public purpose of the Vaccine Act, finding in favor of redaction.
  • The court noted that redaction is not available simply at a petitioner's request, but rather requires a specialized showing, which the petitioner provided by explaining the harm she may suffer from public disclosure of her name.
  • The decision awards the petitioner an amount agreed upon by the parties, with the court redacting her name from the caption and decision.

Statistics:

  • The petitioner alleges a SIRVA injury caused by a Human Papillomavirus vaccine administered on April 28, 2022.
  • The petitioner's motion for redaction was filed on August 6, 2024.
  • The decision was drafted on August 2, 2024, awarding the petitioner a compensation award.
  • The identity thieves have made multiple attempts to access the petitioner's financial and medical information, with the last attempt occurring in November 2023.

Sources:

  • United States Court of Federal Claims, Case No. 23-0689V, J.W. v. SECRETARY OF HEALTH AND HUMAN SERVICES (filed July 24, 2025)
  • W.C. v. Sec'y of Health & Hum. Servs., 100 Fed. Cl. 440, 460-61 (Fed. Cl. 2011) aff'd, 704 F.3d 1352 (Fed. Cir. 2013)
  • A.K. v. Sec'y of Health & Human Servs., No. 09-0605V, 2013 WL 322918, at *2 (Fed. Cl. Spec. Mstr. Jan. 17, 2013)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

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