P.R.P. v. HHS - DTP, neurologic injuries (2014)

Melissa Rush and Dennis Placko, as the natural parents of P.R.P., a minor, filed a petition on October 15, 2010, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that their child suffered neurologic injuries as a result of receiving the diphtheria-tetanus-pertussis (DTP) vaccination and an influenza vaccination on November 17, 2007.

The petition was filed on April 28, 2014. Later, on April 28, 2014, the Petitioners moved to dismiss their own petition, stating that insufficient evidence existed to demonstrate entitlement to compensation.

The public decision does not describe the specific neurologic injuries alleged, the onset of symptoms, any medical records, or a competent physician's opinion. The Petitioners acknowledged they could not prove that P.R.P. suffered a "Table Injury" or that the alleged injury was actually caused by a vaccination.

The Special Master noted that under the Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion, neither of which was present in the record. Consequently, the case was dismissed for insufficient proof.

Subsequently, on May 27, 2014, the parties filed a stipulation concerning attorneys' fees and costs, requesting a total payment of $26,227.92. Special Master Lisa Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis for the claim and awarded the stipulated amount for attorneys' fees and costs.

This award consisted of $24,800.94 payable jointly to the parents and their counsel, Thomas P. Gallagher, and $1,426.98 payable to the parents for out-of-pocket litigation costs.

The respondent was represented by Lisa A. Watts.