Chelsea D. Barr v. HHS - seizure disorder, brain injury, neurodevelopmental disorder, and other medical conditions and symptoms (2014)
Case summary [AI summaries can sometimes make mistakes]
On January 6, 2012, Chelsea D. Barr, as parent and natural guardian of E.R.B., filed a petition for compensation under the National Vaccine Injury Compensation Program.
The petition alleged that E.R.B. suffered from a seizure disorder, brain injury, neurodevelopmental disorder, and other medical conditions and symptoms following childhood vaccinations administered on October 13, 2008. The petition was filed on June 18, 2014.
Subsequently, on June 18, 2014, the petitioner moved to dismiss the petition, acknowledging insufficient evidence to demonstrate entitlement to compensation. The Special Master noted that to receive compensation, the petitioner must prove either that E.R.B. suffered a "Table Injury" corresponding to one of the vaccinations or that the injury was actually caused by a vaccine.
An examination of the record did not reveal evidence of a "Table Injury." Furthermore, the record did not contain a medical expert's opinion or any other persuasive evidence indicating that E.R.B.'s alleged injury was vaccine-caused. The Special Master stated 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.
As the petition lacked sufficient medical records and a supporting medical opinion, the case was dismissed for insufficient proof. On October 28, 2014, the Special Master issued a decision regarding attorneys' fees and costs.
The parties had filed a stipulation requesting a total payment of $24,639.96 for attorneys' fees and costs. The Special Master found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate.
The proposed amount was deemed reasonable. The Special Master awarded $24,639.96, payable by check jointly to E.R.B. and petitioner's counsel, Robert J.
Krakow of the Law Office of Robert J. Krakow, P.C.
The decision was made by Special Master Lisa Hamilton-Fieldman. Petitioner's counsel was Robert J.
Krakow, and respondent's counsel was Claudia Gangi.
Theory of causation
Petitioner Chelsea D. Barr, on behalf of minor E.R.B., alleged that E.R.B. suffered a seizure disorder, brain injury, neurodevelopmental disorder, and other symptoms following childhood vaccinations administered on October 13, 2008. The petition was filed on June 18, 2014. Petitioner later moved to dismiss the petition, stating insufficient evidence of entitlement. The Special Master, Lisa Hamilton-Fieldman, noted that entitlement requires proof of a "Table Injury" or actual vaccine causation. The record lacked evidence of a "Table Injury" and did not contain a medical expert's opinion or other persuasive evidence of vaccine causation. Insufficient medical records and no physician's opinion supported the claim. Consequently, the petition was dismissed for insufficient proof. Subsequently, on October 28, 2014, Special Master Hamilton-Fieldman awarded $24,639.96 in attorneys' fees and costs based on a stipulation between petitioner (Robert J. Krakow) and respondent (represented by Claudia Gangi), finding the petition was brought in good faith with a reasonable basis.
Source PDFs
USCOURTS-cofc-1_12-vv-00014