VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_03-vv-02765 Package ID: USCOURTS-cofc-1_03-vv-02765 Petitioner: STC Filed: Decided: 2014-01-15 Vaccine: Vaccination date: Condition: Outcome: unclear Award amount USD: AI-assisted case summary: Patricia Carroll and Phillip Carroll, parents and natural guardians of STC, a minor, filed a petition under the National Vaccine Injury Compensation Program. The public document is a decision regarding attorneys' fees and costs, not an entitlement ruling. The decision does not identify the specific vaccine(s) administered, the date(s) of vaccination, or the alleged injury or condition. The clinical history, onset of symptoms, and any diagnostic tests or treatments are not described in the public text. Special Master George L. Hastings Jr. had issued a prior decision in the underlying matter on January 15, 2014. On April 9, 2014, the parties filed a joint stipulation concerning attorneys' fees and costs. The stipulation requested a total payment of $14,000.71, which included $12,640.71 for work performed by the law firm of Harry G. Potter and $1,360.00 for work performed by the law firm of Clifford J. Shoemaker. Special Master Hastings found that the petition had been brought in good faith and with a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). He determined the stipulated amount to be reasonable and appropriate. On April 10, 2014, Special Master Hastings awarded the total sum of $14,000.71 as a lump sum, payable jointly to the petitioners and their counsel, Harry G. Potter. The decision noted that it would be posted on the court's website unless parties requested redactions within 14 days, as per Vaccine Rule 18(b). The award was solely for legal fees and costs; the public text does not indicate that STC received any compensation for a vaccine injury. Theory of causation field: The public staged text for minor STC, filed by Patricia and Phillip Carroll, is a fees and costs decision and does not state the vaccine(s), vaccination date(s), alleged injury, onset, clinical facts, or causation theory. Special Master George L. Hastings Jr. issued an underlying decision on January 15, 2014. A joint stipulation for attorneys' fees and costs was filed on April 9, 2014, requesting $14,000.71 total ($12,640.71 for Harry G. Potter firm, $1,360.00 for Clifford J. Shoemaker firm). On April 10, 2014, Special Master Hastings awarded the stipulated $14,000.71, finding the petition was brought in good faith with a reasonable basis and that the fee amount was reasonable. The award was for legal fees and costs only, payable jointly to petitioners and counsel Harry G. Potter. No clinical or Althen analysis is present in the public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_03-vv-02765-cl-extra-2652747 Date issued/filed: 2014-01-15 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2652747 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 03-2765V Filed: January 15, 2014 Not to be Published ************************* PATRICIA CARROLL and PHILIP * CARROLL, parents and natural * guardians of STC, a minor * Autism; Petitioner’s Motion for a * Decision Dismissing the Insufficient Petitioners, * Petition; Proof of Causation; Vaccine v. * Act Entitlement; Denial Without Hearing * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * ************************* DECISION 1 On November 21, 2003, petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),2 alleging that various vaccinations injured STC. The information in the record, however, does not show entitlement to an award under the Program.                                                              1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The Program comprises 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-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. On January 2, 2014, petitioners moved for a decision on the merits of the petition, acknowledging that insufficient evidence exists to demonstrate entitlement to compensation. To receive compensation under the Program, petitioners must prove either 1) that STC suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of STC’s vaccinations, or 2) that STC suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover any evidence that STC suffered a “Table Injury.” Further, the record does not contain a medical expert’s opinion or any other persuasive evidence indicating that STC’s alleged injury was vaccine-caused. Under the Act, petitioners may not be given a Program award based solely on the petitioners’ claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. § 300aa-13(a)(1). In this case, because there are insufficient medical records supporting petitioners’ claim, a medical opinion must be offered in support. Petitioners, however, have offered no such opinion. Accordingly, it is clear from the record in this case that petitioners have failed to demonstrate either that STC suffered a “Table Injury” or that STC’s injuries were “actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. s/George L. Hastings, Jr. George L. Hastings, Jr. Special Master 2    ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_03-vv-02765-1 Date issued/filed: 2014-05-06 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/10/14) regarding 37 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:03-vv-02765-UNJ Document 40 Filed 05/06/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 03-2765V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA CARROLL and * PHILLIP CARROLL, parents and * natural guardians of STC, a minor, * * Petitioners, * * Filed: April 10, 2014 v. * * Decision on Attorney’s SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION1 (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,2 I issued a decision on January 15, 2014. On April 9, 2014, the parties filed a joint stipulation of fact concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $14,000.71, representing attorney’s fees and costs of $12,640.71 for work performed by the law firm of Harry G. Potter, and $1,360.00 for work performed by the law firm of Clifford J. Shoemaker. I find that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. 1 The undersigned intends to post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party (1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire” decision will be available to the public. Id. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:03-vv-02765-UNJ Document 40 Filed 05/06/14 Page 2 of 2 Accordingly, I hereby award the total $14,000.71 as a lump sum in the form of a check payable jointly to petitioners and petitioners’ counsel, Harry G. Potter. In the absence of a timely-filed motion for review filed pursuant to Appendix B of the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED /s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.