VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00014
Package ID: USCOURTS-cofc-1_12-vv-00014
Petitioner: E.R.B.
Filed: 2014-06-18
Decided: 2014-10-28
Vaccine: 
Vaccination date: 2008-10-13
Condition: seizure disorder, brain injury, neurodevelopmental disorder, and other medical conditions and symptoms
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00014-0
Date issued/filed: 2014-07-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/18/2014) regarding 64 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00014-UNJ Document 65 Filed 07/09/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-014V
Filed: June 18, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
CHELSEA D. BARR, parent and natural guardian *
of E.R.B., * Special Master
* Hamilton-Fieldman
*
Petitioner, * Petitioners’ Motion to Dismiss Petition;
v. * Insufficient Proof of Causation; Vaccine Act
* Entitlement; Denial Without Hearing.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for Petitioner,
Claudia Gangi, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 6, 2012, Chelsea D. Barr (“Petitioner”) filed a petition, on behalf of her child,
E.R.B., for compensation under the National Vaccine Injury Compensation Program (“the
Program”), 42 U.S.C. §300aa-10, et seq. (2006), 2 alleging that her child suffered from a seizure
disorder, brain injury, neurodevelopmental disorder, and other medical conditions and
symptoms, from the receipt of childhood vaccinations administered on October 13, 2008.
Petition (“Pet.”) at 3, 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 1:12-vv-00014-UNJ Document 65 Filed 07/09/14 Page 2 of 2
On June 18, 2014, Petitioner moved for a decision dismissing her petition,
acknowledging that insufficient evidence exists to demonstrate entitlement to compensation.
To receive compensation under the Program, Petitioner must prove either 1) that E.R.B.
suffered a “Table Injury”-i.e., an injury falling within the Vaccine Injury Table- corresponding to
one of E.R.B’s vaccinations, or 2) that E.R.B. 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 E.R.B. suffered a “Table Injury.” Further, the record does not contain a medical
expert’s opinion or any other persuasive evidence indicating that E.R.B’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 Petitioner’s claim, a medical opinion must be offered in support.
Petitioner, however, has offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioner has failed to
demonstrate either that E.R.B. suffered a “Table Injury” or that E.R.B’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

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00014-1
Date issued/filed: 2014-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/06/2014) regarding 69 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00014-UNJ Document 72 Filed 10/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-14V
Filed: October 6, 2014
* * * * * * * * * * * * * * *
CHELSEA D. BARR, parent and *
natural guardian of E.R.B., * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs;
SECRETARY OF HEALTH AND * Reasonable Amount Requested to
HUMAN SERVICES, * which Respondent Does Not Object.
*
Respondent. * .
* * * * * * * * * * * * * * *
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C., for Petitioner.
Claudia Barnes Gangi, 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 dismissal decision on June 18, 2014. On October 6, 2014, the
parties filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests a total
payment of $24,639.96, representing total attorneys’ fees and costs. Pursuant to General
Order #9, the stipulation reflects that Petitioner incurred no costs in pursuit of his claim.
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 1:12-vv-00014-UNJ Document 72 Filed 10/28/14 Page 2 of 2
The undersigned finds 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, the undersigned hereby
awards the amount of $24,639.96, in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel, Robert J. Krakow, of the Law Office of Robert
J. Krakow, P.C.
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