VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00705
Package ID: USCOURTS-cofc-1_10-vv-00705
Petitioner: P.R.P.
Filed: 2014-04-28
Decided: 2014-06-18
Vaccine: DTP
Vaccination date: 2007-11-17
Condition: neurologic injuries
Outcome: compensated
Award amount USD: 26227

AI-assisted case summary:
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.

Theory of causation field:
Petitioners Melissa Rush and Dennis Placko, on behalf of minor P.R.P., alleged neurologic injuries from DTP and influenza vaccinations received on November 17, 2007. The petition was filed on April 28, 2014. Petitioners later moved to dismiss, stating insufficient evidence to prove entitlement. They could not demonstrate a "Table Injury" or that the alleged injury was "actually caused" by a vaccination, as the record lacked supporting medical records or a competent physician's opinion. The Special Master Lisa Hamilton-Fieldman dismissed the petition for insufficient proof. A subsequent stipulation for attorneys' fees and costs totaling $26,227.92 was approved by Special Master Hamilton-Fieldman on June 18, 2014, finding the petition was brought in good faith with a reasonable basis. Petitioners' counsel was Thomas P. Gallagher, and Respondent's counsel was Lisa A. Watts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00705-0
Date issued/filed: 2014-05-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/28/2014) regarding 47 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00705-UNJ Document 51 Filed 05/20/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-705V
Filed: April 28, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
MELISSA RUSH and DENNIS PLACKO, *
natural parents of P.R.P., a minor, * Special Master
* Hamilton-Fieldman
*
Petitioners, * Petitioners’ Motion to Dismiss Petition;
v. * Insufficient Proof of Causation; Vaccine Act
* Entitlement; Denial Without Hearing.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Thomas P. Gallagher, Thomas Gallagher, Esquire, LLC, Somers Point, NJ, for Petitioners.
Lisa A. Watts, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 15, 2010, Melissa Rush and Dennis Placko (“Petitioners”) filed a petition on
behalf of their child, P.R.P., for compensation under the National Vaccine Injury Compensation
Program (“the Program”), 42 U.S.C. §300aa-10, et seq. (2006), 2 alleging that their child suffered
from neurologic injuries as a result of receiving the diphtheria-tetanus-pertussis (“DTP”)
vaccination and influenza vaccination on November 17, 2007. Petition (“Pet.”) at 1, ECF No. 1.
The information in the record does not show entitlement to an award under the Program.
1 The undersigned intends to post this unpublished 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 file a motion for
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.” In the
absence of such motion, the entire decision will be available to the public. Id.
2 The National Vaccine Injury Compensation 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. (2006).
1

Case 1:10-vv-00705-UNJ Document 51 Filed 05/20/14 Page 2 of 2
On April 28, 2014, Petitioners moved for a decision dismissing their petition,
acknowledging that insufficient evidence exists to demonstrate entitlement to compensation.
To receive compensation under the Program, Petitioners must prove either 1) that P.R.P.
suffered a “Table Injury”-i.e., an injury falling within the Vaccine Injury Table- corresponding to
one of P.R.P’s vaccinations, or 2) that P.R.P suffered an injury that was actually caused by a
vaccine. See §§ 13 (a)(1)(A) and 11(c)(1). An examination of the record did not uncover any
evidence that P.R.P. suffered a “Table Injury.” Further, the record does not contain a medical
expert’s opinion or any other persuasive evidence indicating that P.R.P’s alleged injury was
vaccine-caused.
Under the Act, a petitioner may not be given a Program award based solely on the
petitioner’s claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 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 P.R.P. suffered a “Table Injury” or that P.R.P’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/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_10-vv-00705-1
Date issued/filed: 2014-06-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/27/2014) regarding 53 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00705-UNJ Document 57 Filed 06/18/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-705V
(E-Filed: May 27, 2014)
* * * * * * * * * * * * * * *
MELISSA RUSH and DENNIS PLACKO, * UNPUBLISHED
natural parents of P.R.P., a minor, *
*
Petitioners, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Thomas P. Gallagher, Thomas P. Gallagher, Esq., LLC., for Petitioners.
Lisa A. Watts, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on April 28, 2014. On May 27, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $26, 227.92, representing total attorneys’ fees and costs.
1 The undersigned intends to post this unpublished 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.” 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).
1

Case 1:10-vv-00705-UNJ Document 57 Filed 06/18/14 Page 2 of 2
Pursuant to General Order #9, Petitioners stated that they incurred $1,426.98 in out-of-
pocket litigation costs.
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 amount of $24,800.94,
in the form of a check made payable jointly to Petitioners and Petitioners’ counsel,
Thomas P. Gallagher, Esq. Additionally, I award the amount of $1,426.98 in the
form of a check made payable to Petitioners.
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.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2