VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00517
Package ID: USCOURTS-cofc-1_12-vv-00517
Petitioner: AB
Filed: 2014-01-27
Decided: 2014-04-02
Vaccine: HPV
Vaccination date: 2009-09-04
Condition: flu-like symptoms, extreme fatigue, dizziness, and Postural Orthostatic Tachycardia Syndrome (“POTS”)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Robert and Pamela Boyer, as parents and guardians of AB, filed a petition alleging that AB suffered from flu-like symptoms, extreme fatigue, dizziness, and Postural Orthostatic Tachycardia Syndrome (POTS) caused by multiple vaccines received on September 4 and October 5, 2009. The petition was filed on January 27, 2014. Petitioners later filed a motion for judgment on the record, indicating their expert could not support their claim and that they understood the difficulty in proving causation. Subsequently, they filed a motion to dismiss their petition, stating they would be unable to prove entitlement to compensation. The court noted that to receive compensation, petitioners must prove either a Table Injury or that a vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence of causation. Consequently, the petition was denied and dismissed for insufficient proof. A subsequent decision on April 23, 2014, awarded petitioners $28,000.00 in attorneys' fees and costs based on a stipulation between the parties.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00517-0
Date issued/filed: 2014-01-27
Pages: 3
Docket text: PUBLIC DECISION Signed by Special Master Nora Beth Dorsey. (tjk) Copy to parties.
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Case 1:12-vv-00517-UNJ Document 45 Filed 01/27/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-517V
Filed: January 27, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
ROBERT BOYER and PAMELA * No. 12-517V
BOYER, natural parents and *
guardians of AB, * Special Master Dorsey
a minor, *
* Petitioner’s Motion for Judgment on
Petitioners, * the Record; Insufficient Proof of
* Causation; Vaccine Act Entitlement;
v. * Denial Without a Hearing; Flu-like
* Symptoms; Extreme Fatigue;
* Dizziness; Postural Orthostatic
SECRETARY OF HEALTH * Tachycardia Syndrome (“POTS”);
AND HUMAN SERVICES, * HPV Vaccine; VZV Vaccine; Flu
* Vaccine; MVC4 Vaccine; Tdap
Respondent. * Vaccine; HAV Vaccine; HIV
* Vaccine.
* * * * * * * * * * * * * * * * * * * * * * * * *
Thomas P. Gallagher, Somers Point, NJ, for Petitioner.
Jennifer Leigh Reynaud, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On August 16, 2012, Robert and Pamela Boyer (“petitioners”), as the parents and natural
guardians of AB, filed a petition pursuant to the National Childhood Vaccine Injury Act of 1986,
42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioners alleged that AB suffered from
flu-like symptoms, extreme fatigue, dizziness, and Postural Orthostatic Tachychardia Syndrome
(“POTS”) caused by the human papillomavirus (“HPV”), varicella (“VZV”), flu, MVC4, Tdap,
HAV and/or HIV vaccines she received on September 4th and October 5th, 2009.
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
the undersigned intends to post this 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 and note (2006)). In accordance with
Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.

Case 1:12-vv-00517-UNJ Document 45 Filed 01/27/14 Page 2 of 3
On December 11, 2013, petitioners filed a motion for judgment on the existing record. In
their motion, petitioners indicate that their expert, having reviewed the medical records in this
case, does not feel that he can write a report supporting petitioners’ claim. Petitioners’ counsel
states that he spoke with Pamela Boyer on November 23, 2013, regarding the expert’s decision,
and that “Mrs. Boyer understands the difficulty in proving her daughter’s injury was caused by
the vaccines she received.” According to petitioners’ counsel, Mrs. Boyer has agreed to the
filing of the instant motion.
Before ruling on petitioners’ motion for judgment on the record, the undersigned issued
an order informing that parties that, unless they objected within one week, the caption in this
case would be altered to refer to AB by her initials rather than her full name. See Order, dated
January 17, 2014, at 1. As of today, a week has passed, and petitioners have not filed an
objection.
On January 23, 2014, petitioners filed a motion for a decision dismissing their petition.
They again assert that “an investigation of the facts and science supporting their case has
demonstrated … that they will be unable to prove that they are entitled to compensation in the
Vaccine Program.” They state that they “understand that a decision by the Special Master
dismissing their petition will result in judgment against them,” and that “[t]hey have been
advised that such a judgment will end their rights in the Vaccine Program.” They also
understand that they may apply for costs after judgment has entered on a dismissal.
To receive compensation under the Vaccine Act, petitioners must prove either 1) that AB
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of AB’s vaccinations, or 2) that AB suffered an injury that was actually caused by a
vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not
uncover any evidence that AB suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that AB’s injuries were
caused by a vaccination.
Under the Vaccine Act, petitioner may not be awarded compensation based solely on the
petitioner’s claims. Rather, the petition must be supported by either medical records or by the
opinion of a competent physician. § 300aa-13(a)(1). In this case, because the medical records
are insufficient to establish entitlement to compensation, a medical opinion must be offered in
support. Petitioners, however, have offered no such opinion.
Therefore, the only alternative remains to DENY this petition. Thus, this case is
dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall
enter judgment accordingly.

Case 1:12-vv-00517-UNJ Document 45 Filed 01/27/14 Page 3 of 3
IT IS SO ORDERED.
/s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00517-1
Date issued/filed: 2014-04-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/02/2014) regarding 47 DECISION of Special Master - Fees Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:12-vv-00517-UNJ Document 51 Filed 04/23/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 2, 2014
* * * * * * * * * * * * * *
ROBERT BOYER and PAMELA * UNPUBLISHED
BOYER, Natural Parents and Guardians *
Of A.B., a minor, *
* No. 12-517v
Petitioners, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Thomas P. Gallagher, Thomas P. Gallagher, Esquire, LLC, Somers Point, NJ, for petitioners.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On August 16, 2012, Robert and Pamela Boyer (“petitioners”), as the natural parents and
guardians of A.B., filed a petition pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that A.B. suffered from flu-
like symptoms, extreme fatigue, dizziness, and Postural Orthostatic Tachychardia Syndrome
(POTS) caused by the human papillomavirus (HPV), varicella, flu, MCV4, Tdap, HAV and/or
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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 a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:12-vv-00517-UNJ Document 51 Filed 04/23/14 Page 2 of 2
HIV vaccines she received on September 4, 2009, and October 5, 2009. On January 27, 2014, a
decision denying compensation to petitioners because of insufficient proof was entered.
On April 2, 2014, petitioners filed a Stipulation of Fact Concerning Final Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to an award to petitioners of
attorneys’ fees and costs in the amount of $28,000.00. In accordance with General Order #9,
petitioners’ counsel represents that petitioner advanced $49.27, in out-of-pocket expenses in
pursuing their petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioners and Mr. Thomas P. Gallagher, in
the amount of $28,000.00; and
in the form of a check payable to petitioner only in the amount of $49.27.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2