VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00560
Package ID: USCOURTS-cofc-1_12-vv-00560
Petitioner: N.L.
Filed: 2014-05-16
Decided: 2014-10-10
Vaccine: DTaP
Vaccination date: 2010-09-14
Condition: death
Outcome: compensated
Award amount USD: 22771

AI-assisted case summary:
Courtney Klein and Shawn Mark Lambert, parents of N.L., deceased, filed a petition for vaccine compensation on September 4, 2012, alleging that various vaccinations administered on September 14, 2010, injured their son, N.L., resulting in his death on September 18, 2010. The vaccinations included DTaP, IPV, HiB, PCV, and Rotavirus. The public decision does not describe the specific onset or symptoms leading to N.L.'s death, nor does it detail any medical records, tests, or treatments. Petitioners moved for a decision dismissing the petition on May 12, 2014, acknowledging they were unable to obtain expert support for their claim that the vaccinations caused N.L.'s death. The Special Master reviewed the filings and agreed that there was insufficient medical evidence absent an expert opinion on causation, and therefore a prima facie case had not been made out. Consequently, the petition was dismissed. On September 15, 2014, the parties filed a stipulation for attorneys' fees and costs. Respondent did not object to the requested amount of $22,771.40. Special Master Thomas L. Gowen found that the petition was brought in good faith with a reasonable basis for the claim and awarded the stipulated amount. This award included $22,421.40 for counsel's fees and expenses, payable jointly to the petitioners and their attorney, Ronald Homer, and $350.00 for the petitioners' personal litigation costs, payable to Courtney Klein and Shawn Mark Lambert. The public decision does not name respondent's counsel.

Theory of causation field:
Petitioners Courtney Klein and Shawn Mark Lambert, parents of N.L., filed a petition alleging that DTaP, IPV, HiB, PCV, and Rotavirus vaccinations administered on September 14, 2010, caused the death of their son, N.L., on September 18, 2010. The petition was dismissed because petitioners could not prove a Table Injury or that the vaccinations actually caused N.L.'s death, as they were unable to obtain expert support for their claim. The Special Master agreed that there was insufficient medical evidence absent an expert opinion on causation, and therefore a prima facie case had not been made out. The public decision does not describe the specific mechanism of injury or name any experts. Petitioners' counsel was Ronald Homer, and respondent was represented by the Secretary of Health and Human Services. Special Master Thomas L. Gowen dismissed the petition on May 12, 2014. Subsequently, on October 10, 2014, Special Master Gowen awarded $22,771.40 in attorneys' fees and costs, consisting of $22,421.40 for counsel and $350.00 for petitioners' personal costs, based on a stipulation between the parties.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00560-0
Date issued/filed: 2014-06-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/16/2014) regarding 47 DECISION of Special Master (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00560-UNJ Document 48 Filed 06/09/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-560V
Filed: May 16, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COURTNEY KLEIN and *
SHAWN MARK LAMBERT, parents of *
N.L., deceased, * Dismissal; DTap; IPV; HiB; PCV;
Petitioners, * Rotavirus; Death
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ron Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA for petitioners.
Lara Englund, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Gowen, Special Master:
On September 4, 2012, petitioners filed a petition for Vaccine Compensation in
the National Vaccine Injury Compensation Program [“the Program”],2 alleging that
various vaccinations administered on September 14, 2010 injured their son, N.L.,
resulting in his death on September 18, 2010. The information in the record, however,
does not show entitlement to an award under the Program. On May 12, 2014,
petitioners moved for a decision dismissing this petition.
To receive compensation under the Program, petitioners must prove either 1)
that N.L. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table
– corresponding to one of N.L.’s vaccinations, or 2) that N.L. suffered an injury that was
actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination of the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 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, I agree that the identified material fits within the requirements of that provision, I will
delete such material from public access.
2 The 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. (hereinafter “Vaccine Act” or
“the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:12-vv-00560-UNJ Document 48 Filed 06/09/14 Page 2 of 2
record did not establish any evidence that N.L. suffered a “Table Injury.” Further, the
record does not contain persuasive evidence indicating that N.L.’s alleged injury was
vaccine-caused.
Under the Act, petitioners may not be given a Program award based on the
petitioners’ 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 petitioners’ claim, a medical opinion
addressing causation must be offered. Petitioners, however, have acknowledged that
they are unable to obtain expert support for the contention that N.L’s vaccinations
caused his death. As such, petitioners filed a motion for a dismissal decision on May
12, 2014.
The court has reviewed the filings, including the medical records and agrees that
there is insufficient medical evidence absent an expert opinion on causation and
therefore a prima facie case has not been made out. The undersigned hereby
GRANTS petitioners’ motion. This petition is hereby DISMISSED.
Conclusion
This petition is dismissed. The Clerk shall enter judgment accordingly.3
IT IS SO ORDERED.
/s Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), an entry of judgment can be expedited by each party, either separately
or jointly, by filing a notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00560-1
Date issued/filed: 2014-10-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/15/2014) regarding 53 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00560-UNJ Document 56 Filed 10/10/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-560V
Filed: September 15, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
COURTNEY KLEIN and *
SHAWN MARK LAMBERT, parents of, *
N.L., deceased, * Attorneys’ Fees & Costs; Stipulation
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer, Chin-Caplan P.C., Boston, MA, for petitioners.
Lara Englund, U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on May 12, 2014, dismissing the petition. On September 9, 2014, petitioners
filed a Motion for Attorneys’ Fees & Costs. Pursuant to General Order #9, petitioners
also filed a statement detailing their costs incurred of $350.00. Petitioner and Counsel
Statement (General Order No. 9), filed September 10, 2014.
On September 15, 2014, the parties filed a stipulation for attorneys’ fees and
costs. The stipulation indicates that respondent does not object to the amount of
$22,771.40 that petitioners are requesting, including $22,421.40 to cover fees and
expenses incurred by petitioners’ counsel, plus $350.00 to cover litigation expenses
incurred personally by petitioners.
1
Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:12-vv-00560-UNJ Document 56 Filed 10/10/14 Page 2 of 2
I find 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, I hereby award the total $22,771.403 as
follows:
 a lump sum of $22,421.40 in the form of a check payable jointly to
petitioners and petitioners’ attorney, Ronald C. Homer, for
petitioners’ attorneys’ fees and costs, and
 a lump sum of $350.00 in the form of a check payable to petitioners,
Courtney Klein and Shawn Mark Lambert, for their personal litigation
costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3
This amount is intended to cover all legal expenses incurred in this matter. This award encompasses
all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2