VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00558
Package ID: USCOURTS-cofc-1_12-vv-00558
Petitioner: A.O.S.
Filed: 2012-08-31
Decided: 2014-04-14
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2011-08-02
Condition: 
Outcome: dismissed
Award amount USD: 19275

AI-assisted case summary:
Paul and Jennifer Soltero, as parents and natural guardians of their son A.O.S., filed a petition for compensation on August 31, 2012, alleging their son was injured by the pneumococcal conjugate vaccine he received on August 2, 2011. They submitted medical records on September 11, 2012, and additional records on December 21, 2012, and June 13, 2013. The respondent filed a report on August 16, 2013, concluding that the petitioners failed to provide preponderant evidence that A.O.S. suffered an injury listed in the Vaccine Injury Table. On January 16, 2014, the Solteros filed a motion to dismiss their petition, stating that an investigation revealed they would be unable to prove entitlement to compensation and that further proceedings would be unreasonable. A decision dismissing the petition for insufficient proof was issued on January 17, 2014. Despite the denial of compensation, the court considered the matter of attorneys' fees and costs. Petitioners' counsel gathered and filed medical records, consulted an expert report, and moved for a decision on the record when further investigation revealed that petitioners were unlikely to prove their case. Respondent did not object to the Solteros' amended application for $19,275.50 in attorneys' fees and costs, finding that counsel acted in good faith and had a reasonable basis for proceeding. Special Master Christian J. Moran awarded this amount on April 14, 2014, payable to the petitioners and their attorney. The public decision does not describe the specific injury alleged, the onset of symptoms, any medical tests performed, or the specific treatments received. The public decision does not name the expert consulted by petitioners' counsel.

Theory of causation field:
Petitioners, Paul and Jennifer Soltero, filed a petition on behalf of their son A.O.S. alleging injury from the pneumococcal conjugate vaccine received on August 2, 2011. The respondent concluded that petitioners failed to prove by preponderant evidence that A.O.S. suffered an injury listed in the Vaccine Injury Table. Petitioners subsequently moved to dismiss their petition, acknowledging they would be unable to prove entitlement to compensation. The petition was dismissed for insufficient proof on January 17, 2014. The theory of causation was based on the Vaccine Injury Table, but the specific table injury was not described in the public text. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioners' counsel was awarded $19,275.50 in attorneys' fees and costs on April 14, 2014, by Special Master Christian J. Moran, as respondent did not object to the amount, finding counsel acted in good faith with a reasonable basis for proceeding.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00558-1
Date issued/filed: 2014-04-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/24/2014) regarding 42 DECISION Fees Stipulation/Proffer Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00558-UNJ Document 45 Filed 04/14/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
PAUL and JENNIFER SOLTERO, as *
Parents and Natural Guardians of their * No. 12-558V
son, A.O.S., * Special Master Christian J. Moran
*
Petitioners, * Filed: March 24, 2014
*
v. *
* Attorneys’ fees and costs; stipulation of
SECRETARY OF HEALTH * facts; award in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioners.
Melonie J. McCall, United States Dep’t of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On March 20, 2014, respondent filed a stipulation of facts regarding attorneys’ fees and
costs in the above captioned matter. Previously, petitioners, Paul and Jennifer Soltero (“the
Solteros”), informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioners’ application, respondent raised objections to certain
items. Based on subsequent discussions, petitioners amended their application to request
$19,275.50, an amount to which respondent does not object. The Court awards this amount.
The Solteros filed a petition for compensation on August 31, 2012, alleging that their son,
A.O.S., was injured by the pneumococcal conjugate vaccine he received on August 2, 2011.
They filed his medical records on September 11, 2012, as required by 42 U.S.C. § 300aa-11(c)
and Vaccine Rule 2(c)(2)(A). Additional records were filed on December 21, 2012 and June 13,
2013.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00558-UNJ Document 45 Filed 04/14/14 Page 2 of 2
On August 16, 2013, respondent filed a report pursuant to Vaccine Rule 4(c) in which she
concluded that the Solteros failed to produce preponderant evidence showing that A.O.S.
suffered an injury listed in the Vaccine Injury Table, located at 42 C.F.R. § 100.3.
On January 16, 2014, the Solteros filed a motion for a decision dismissing their petition.
In their motion, the Solteros conveyed that “[a]n investigation of the facts and science supporting
their case has demonstrated . . . that they will be unable to prove that they are entitled to
compensation.” They added that, under such circumstances, “to proceed further would be
unreasonable and would waste the resources of the Court, the Respondent, and the Vaccine
Program.” Motion at ¶¶ 1-2. A decision dismissing the petition for insufficient proof was issued
on January 17, 2014.
Even though compensation was denied, petitioners who bring their petition in good faith
and who have a reasonable basis for the petition may be awarded attorneys’ fees and costs. See
42 U.S.C. § 300aa–15(e)(1). Here, counsel for petitioners gathered and filed medical records,
consulted an expert report, and moved for a decision on the record when further investigation
revealed that petitioners were unlikely to prove their case. Thus, because petitioners’ counsel
acted in good faith and because there was a reasonable basis for proceeding, petitioners are
eligible for an award of attorneys’ fees and costs. Respondent does not contend that petitioners
failed to satisfy these criteria.
The Solteros seeks a total of $19,275.50 in attorneys’ fees and costs for their counsel.
Additionally, in compliance with General Order No. 9, the Solteros state that they incurred no
out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the
amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards a check made payable to petitioners and
petitioners’ attorney in the amount of $19,275.50 for attorneys’ fees and other litigation costs.
The Court thanks the parties for their cooperative efforts in resolving this matter.
The Clerk shall enter judgment accordingly.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2