{"package_id":"USCOURTS-cofc-1_11-vv-00771","decision_granule_id":"USCOURTS-cofc-1_11-vv-00771-1","petitioner_identifier":"Brian Barkas","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"influenza","vaccination_date":"2010-08-31","condition_raw":"transverse myelitis","condition_category":"transverse_myelitis","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2015-02-11","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:37:15.452174+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Flu Aug 31, 2010 → alleged TM. DISMISSED. Petitioner Brian Barkas died; Donna Barkas substituted. Moved for final decision on record; no expert, insufficient medical records. SM Hamilton-Fieldman dismissed July 18, 2014 (§ 13(a)(1): no medical records or physician opinion). Fees $45,000 under § 300aa-15(b)+(e)(1) (good faith/reasonable basis; non-prevailing petitioner).","is_death":0,"date_of_death":null,"petition_filed_date":"2011-11-15","case_summary":"Brian Barkas filed a petition on November 15, 2011, alleging that an influenza vaccination he received on August 31, 2010 caused him to develop transverse myelitis. Brian Barkas died intestate with no assets after the petition was filed; his wife, Donna Barkas, was substituted as petitioner in July 2014.\n\nOn July 18, 2014, petitioner moved for a final decision on the record, acknowledging that no expert report would be filed in this case. Special Master Hamilton-Fieldman dismissed the petition for insufficient proof. The record contained insufficient medical records supporting petitioner's claim and no competent medical opinion in support; under the Vaccine Act, a claim may not rest solely on petitioner's claims but must be supported by either medical records or a physician's opinion. The special master found no Table injury and no persuasive causation-in-fact evidence.\n\nOn January 20, 2015, the parties filed a stipulation for attorneys' fees and costs. The special master found that the petition had been brought in good faith and that there had existed a reasonable basis for the claim, and accordingly awarded $45,000.00 in fees and costs under 42 U.S.C. § 300aa-15(b) and (e)(1), payable jointly to petitioner and counsel, F. John Caldwell Jr. of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any expenses.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Lisa D. Hamilton-Fieldman","petitioner_identifier_original":null,"caption_petitioner_name":"Brian Barkas","petitioner_attorney_name":"F. John Caldwell, Jr.","petitioner_attorney_firm":"Maglio, Christopher & Toale","petitioner_attorney_location":"Sarasota, FL","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:46:15","attorney_canonical_keys":"|john-caldwell|","firm_canonical_key":"maglio-christopher-and-toale","package_title":"BARKAS v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00771","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00771.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00771.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_11-vv-00771-0","title":"BARKAS v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 07/18/2014) regarding 44 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.","date_issued":"2014-08-08","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_11-vv-00771/granules/USCOURTS-cofc-1_11-vv-00771-0/pdf","pdf_bytes":199701,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_11-vv-00771/USCOURTS-cofc-1_11-vv-00771-0"},{"granule_id":"USCOURTS-cofc-1_11-vv-00771-1","title":"BARKAS v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 1/20/2015) regarding 50 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.","date_issued":"2015-02-11","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_11-vv-00771/granules/USCOURTS-cofc-1_11-vv-00771-1/pdf","pdf_bytes":267893,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'stipulation'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_11-vv-00771/USCOURTS-cofc-1_11-vv-00771-1"}]}