VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00618
Package ID: USCOURTS-cofc-1_07-vv-00618
Petitioner: B.T.G.
Filed: 2007-08-20
Decided: 2014-09-03
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On August 20, 2007, Timothy Mark Giltinan and Kristen Elizabeth Keller-Giltinan, as parents and natural guardians of a minor identified as B.T.G., filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. The petition alleged that B.T.G. suffered an injury as a result of a vaccine or vaccines listed on the Vaccine Injury Table, and the claim was identified as an autism case. The respondent is the Secretary of Health and Human Services. The public decision does not specify the vaccines received, the date of vaccination, or B.T.G.'s age at the time of vaccination. The case remained pending for over seven years without the petitioners providing an expert report to support their claim of causation. Special Master George L. Hastings Jr. issued an order on March 12, 2014, directing the petitioners to file an expert report by June 26, 2014. The petitioners filed a status report on June 27, 2014, requesting more time to confer with their medical expert. On July 1, 2014, Special Master Hastings granted an extension, ordering the petitioners to file their expert report or show cause why the case should not be dismissed by July 11, 2014. The petitioners filed a response on July 11, 2014, requesting further time for their medical expert to review the case record. Special Master Hastings issued another order on July 16, 2014, allowing the petitioners until August 4, 2014, to complete the review and file the expert report. The petitioners did not file the report or request an extension. On August 7, 2014, Special Master Hastings issued a second order to show cause, warning that failure to respond or follow court orders would result in dismissal of the claim. The petitioners did not respond to this order. Consequently, on September 3, 2014, Special Master Hastings dismissed the petition for failure to prosecute and failure to follow court orders. The public decision does not describe the specific symptoms, medical tests, or treatments related to B.T.G.'s alleged condition. No expert witnesses were named in the public decision. Following the dismissal of the injury claim, the parties filed a joint stipulation on January 16, 2015, concerning attorney's fees and costs. In a decision dated January 20, 2015, Special Master Hastings awarded $18,127.00 in attorney's fees and costs, payable jointly to the petitioners and their counsel, Robert J. Krakow. This award was based on the finding that the petition was brought in good faith and had a reasonable basis, but it was not compensation for a vaccine injury.

Theory of causation field:
Petitioners Timothy Mark Giltinan and Kristen Elizabeth Keller-Giltinan filed a petition on behalf of minor B.T.G. on August 20, 2007, alleging an autism injury from a vaccine or vaccines listed on the Vaccine Injury Table. The specific vaccines, vaccination dates, and age at vaccination are not described in the public decision. The case was dismissed by Special Master George L. Hastings Jr. on September 3, 2014, for failure to prosecute and failure to follow court orders. Petitioners failed for over seven years to produce an expert report supporting causation, despite multiple orders and extensions granted by the Special Master, including a final deadline of August 4, 2014, which was not met. No specific theory of causation, medical experts, or mechanism of injury were presented or detailed in the public decision due to the dismissal for lack of prosecution. A subsequent decision on January 20, 2015, awarded $18,127.00 in attorney's fees and costs jointly to petitioners and their counsel, Robert J. Krakow, finding the petition was brought in good faith with a reasonable basis, but this award was not for vaccine injury compensation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_07-vv-00618-0
Date issued/filed: 2014-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/03/2014) regarding 57 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:07-vv-00618-UNJ Document 58 Filed 09/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 07-618V
Filed: September 3, 2014
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TIMOTHY MARK GILTINAN *
and KRISTEN ELIZABETH *
KELLER-GILTINAN , parents and *
natural guardians of B.T.G., a minor, *
*
Petitioners, *
* Autism; Failure to Prosecute;
v. * Failure to Follow Court
* Orders; Insufficent Proof of
SECRETARY OF HEALTH * Causation; Dismissal
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION1
On August 20, 2007, Petitioners filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program,2 alleging that B.T.G. was injured by a vaccine
or vaccines listed on the Vaccine Injury Table. See ' 14. I hereby dismiss this petition because
Petitioners have failed to prosecute or prove this case.
For more than seven years, Petitioners have failed to produce an expert report in support
of their claim. On March 12, 2014, Petitioners were ordered to file an expert report in support of
their Petition, by June 26, 2014. On June 27, 2014, Petitioners filed a status report requesting
additional time to confer with their medical expert. I issued an Order on July 1, 2014, allowing
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, 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
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.

Case 1:07-vv-00618-UNJ Document 58 Filed 09/26/14 Page 2 of 2
Petitioners until July 11, 2014, to either file their expert report or show cause why this case
should not be dismissed for failure to prosecute the case. On July 11, 2014, Petitioners filed a
Response to Order to Show Cause, requesting additional time to allow their medical expert to
complete a review of the record of this case. I filed an Order on July 16, 2014, allowing
Petitioners until August 4, 2014, to complete that review and file the report of Petitioners’ expert.
Petitioners did not file an expert report, nor did they file a request for additional time to do so.
On August 7, 2014, I filed another Order to Show Cause, on or before August 21, 2014,
as to why this case should not be dismissed for failure to respond to a court order. Petitioners
were also advised that failure to follow court orders would result in dismissal of Petitioners’
claim. Tsekouras v. Sec’y, HHS, 26 Cl. Ct. 439 (1992), aff’d per curiam, 991 F.2d 810 (Fed. Cir.
1993); Sapharas v. Sec’y, HHS, 35 Fed. Cl. 503 (1996); Vaccine Rule 21(b). Petitioners have
not responded.
Accordingly, this case is dismissed for failure to prosecute and failure to follow court
orders. 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_07-vv-00618-1
Date issued/filed: 2015-02-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/20/15) regarding 62 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:07-vv-00618-UNJ Document 65 Filed 02/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 07-618V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TIMOTHY MARK GILTINAN *
and KRISTEN ELIZABETH *
KELLER-GILTINAN , parents and *
natural guardians of B.T.G., a minor, *
*
Petitioners, *
* Filed: January 20, 2015
v. *
* Decision on Attorney’s
SECRETARY OF HEALTH AND * Fees and Costs
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,1 I issued a
decision on September 3, 2014. On January 16, 2015, 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 $18,127.00, representing attorney’s fees and costs for work performed by the law
firm of Robert J. Krakow.
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.
Accordingly, I hereby award the total $18,127.00 as a lump sum in the form of a check
payable jointly to petitioners and petitioners’ counsel, Robert J. Krakow.
1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006).

Case 1:07-vv-00618-UNJ Document 65 Filed 02/13/15 Page 2 of 2
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.2
IT IS SO ORDERED
/s/ George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the
right to seek review.