VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00276
Package ID: USCOURTS-cofc-1_13-vv-00276
Petitioner: A.C.
Filed: 2013-04-19
Decided: 2014-08-12
Vaccine: DT
Vaccination date: 2011-07-14
Condition: pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection (PANDAS)
Outcome: compensated
Award amount USD: 42240

AI-assisted case summary:
Allison and Steven Council, as parents and guardians for their minor son A.C., filed a petition on April 19, 2013, alleging that the diphtheria-tetanus (DT) and inactivated polio (IPV) vaccines A.C. received on July 14, 2011, aggravated his condition known as pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection (PANDAS). The petitioners submitted medical records and an affidavit, and later additional records. Respondent filed a report on November 8, 2013, concluding that the petitioners failed to meet the criteria for a Vaccine Table injury and could not demonstrate by a preponderance of the evidence that A.C.'s PANDAS was aggravated by the vaccines. Respondent also disputed whether PANDAS is a medically recognizable injury and argued that petitioners did not present evidence of the expected course of A.C.'s condition or a medical theory connecting any flare-ups to the vaccines. After their expert advised on April 14, 2014, that he was unable to conclude that the vaccines caused or aggravated A.C.'s PANDAS, the petitioners moved for a decision dismissing their petition on May 20, 2014, stating that further proceedings would be an unreasonable expenditure of resources. Special Master Christian J. Moran issued a decision on June 10, 2014, finding no evidence that A.C. suffered a Table Injury or that his condition was actually caused by a vaccination, and therefore dismissed the petition for insufficient proof. Subsequently, on August 12, 2014, Special Master Christian J. Moran awarded attorneys' fees and costs in the amount of $42,240.98, as the petitioners brought their petition in good faith and had a reasonable basis for proceeding, and respondent did not object to the stipulated amount. Petitioners were represented by Carol L. Gallagher, and respondent was represented by Gordon E. Shemin.

Theory of causation field:
Petitioners Allison and Steven Council alleged that the DT and IPV vaccines administered on July 14, 2011, to their son A.C. aggravated his PANDAS condition. The public decision does not describe the specific onset or symptoms of A.C.'s PANDAS, nor does it detail any specific medical tests or treatments. Petitioners submitted medical records and an affidavit, but their expert in pediatric neurology was unable to conclude that the vaccines caused or aggravated A.C.'s PANDAS. Respondent argued that PANDAS is not a medically recognizable injury and that petitioners failed to present evidence of the condition's expected course or a medical theory linking vaccine aggravation. Special Master Christian J. Moran dismissed the petition for insufficient proof, finding no evidence of a Table Injury or actual causation by the vaccines. The public decision does not name the expert retained by petitioners, nor does it detail a specific mechanism of causation. Petitioners were awarded attorneys' fees and costs of $42,240.98 on August 12, 2014, based on a stipulation that they brought the petition in good faith with a reasonable basis, despite the denial of compensation. Petitioners' counsel was Carol L. Gallagher, and respondent's counsel was Gordon E. Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00276-0
Date issued/filed: 2014-07-08
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 06/10/2014) regarding 40 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00276-UNJ Document 45 Filed 07/08/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ALLISON COUNCIL and STEVEN * No. 13-276V
COUNCIL, Natural Parents and * Special Master Christian J. Moran
Guardians for A.C., a minor, *
* Filed: June 10, 2014
Petitioners, *
* Decision on the record; insufficient
v. * proof of causation;diphtheria-tetanus
* (“DT”) vaccine; inactivated polio
SECRETARY OF HEALTH * (“IPV”) vaccine; pediatric
AND HUMAN SERVICES, * autoimmune neuropsychiatric
* disorders with streptococcal
Respondent. * infection (“PANDAS”).
* * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Linwood, NJ, for petitioners.
Gordon E. Shemin, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Allison and Steven Council filed a petition under the National Childhood
Vaccine Injury Act, 42 U.S.C. §300aa—10 to—34 (2006), on April 19, 2013.
Petitioners allege that the diphtheria-tetanus (“DT”) and inactivated polio (“IPV”)
vaccines that their son, A.C., received on July 14, 2011, aggravated A.C.’s
condition known as pediatric autoimmune neuropsychiatric disorders associated
with streptococcal infection (“PANDAS”). The information in the record,
however, does not show entitlement to an award under the Program.
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 1:13-vv-00276-UNJ Document 45 Filed 07/08/14 Page 2 of 3
I. Procedural History
In support of their April 19, 2013 petition, the Councils periodically filed
several medical records (exhibits 2-14) and an affidavit supporting those records
(exhibit 1), followed by a statement of completion on June 28, 2013. On July 29,
2013, respondent filed a status report on the completeness of petitioners’ medical
records requesting additional records. Petitioners filed additional records in
response to respondent’s request (exhibits 15-18), and a second statement of
completion on September 13, 2013.
On November 8, 2013, respondent filed a Rule 4(c) report concluding that
petitioners failed to fulfill the criteria for a Vaccine Table injury and failed to
demonstrate by a preponderance of the evidence that A.C.’s PANDAS was
aggravated by the DT and IPV vaccines received on July 14, 2011. Resp’t’s Rep.,
filed Nov. 8, 2014, at 7-8. In her report, respondent disputed as to whether
PANDAS is a medically recognizable injury. Id. at 8. Respondent additionally
argued that petitioners did not present evidence of the expected course of A.C.’s
condition or a medical theory causally connecting any alleged flare-ups in his
condition to the vaccines. Id. at 10-11.
A status conference was held on December 3, 2013, during which the parties
agreed to discuss the possibility of settlement. On January 9, 2014, petitioners
transmitted a settlement demand to respondent. See Pet’rs’ Rep., filed Jan. 10,
2014. On February 3, 2014, respondent filed a status report indicating settlement
was not feasible and recommending petitioners provide expert reports.
On February 25, 2014, petitioners sent all exhibits to their expert in pediatric
neurology. On April 14, 2014, petitioners’ expert advised that he was unable to
conclude that the vaccines caused or aggravated A.C.’s PANDAS. Pet’rs’ Mot.,
filed May 20, 2014, at ¶3-4.
On May 20, 2014, petitioners moved for a decision dismissing their petition.
They noted that “to proceed further would be an unreasonable expenditure of
additional resources that would be incurred by the parties and the Vaccine
Program.” Id. at ¶ 11. A status conference was held on June 5, 2014, to discuss
petitioners’ May 20, 2014 motion. During this conference, respondent confirmed
that she did not intend to file a response. Accordingly, this case is now ready for
adjudication.
2

Case 1:13-vv-00276-UNJ Document 45 Filed 07/08/14 Page 3 of 3
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program, petitioners must prove either 1) that the vaccinee suffered a “Table
Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to
one of the vaccinee’s vaccinations, or 2) that the vaccinee 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 A.C.
suffered a “Table Injury.” Further, the record does not contain a medical expert’s
opinion or any other persuasive evidence indicating that A.C.’s condition was
significantly aggravated by a vaccine.
Under the Act, petitioners may not be given a Program award based solely
on the petitioners’ claims alone. 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 do not support the petitioners’ claim, a
medical opinion must be offered in support. Mr. and Mrs. Council, however, have
offered no such opinion. Accordingly, it is clear from the record in this case that
they have failed to demonstrate either that A.C. suffered a “Table Injury” or that
A.C.’s injuries were “actually caused” by a vaccination.
Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00276-1
Date issued/filed: 2014-08-12
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 07/09/2014) regarding 46 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00276-UNJ Document 50 Filed 08/12/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ALLISON COUNCIL and STEVEN * No. 13-276V
COUNCIL, Natural Parents and * Special Master Christian J. Moran
Guardians for A.C., a minor, *
* Filed: July 9, 2014
Petitioners, *
*
v. *
* Attorneys’ fees and costs; stipulation
SECRETARY OF HEALTH * of fact; award in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Linwood, NJ, for petitioners.
Gordon E. Shemin, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On June 23, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioners
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 $42,240.98, an amount to which respondent does not object.
The Court awards this amount.
On April 19, 2013, Allison and Steven Council filed a petition for
compensation alleging that the diphtheria-tetanus (“DT”) and inactivated polio
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 1:13-vv-00276-UNJ Document 50 Filed 08/12/14 Page 2 of 3
(“IPV”) vaccines that their son, A.C., received on July 14, 2011, aggravated A.C.’s
condition known as pediatric autoimmune neuropsychiatric disorders associated
with streptococcal infection (“PANDAS”). On May 20, 2014, petitioners filed a
motion for ruling on the record indicating that their expert was unable to conclude
that the vaccines caused or aggravated A.C.’s PANDAS. In this ruling,
compensation was denied. Decision, issued June 10, 2014.
Even though compensation was denied, petitioners who brings 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, engaged in settlement discussions,
attempted to obtain 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.
Petitioners seek a total of $42,240.98 in attorneys’ fees and costs for their
counsel. Additionally, in compliance with General Order No. 9, petitioners 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.1
After reviewing the request, the Court awards the following:
a. A lump sum of $42,240.98 in the form of a check made payable to
petitioners and petitioners’ attorney, Carol L. Gallagher, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
1 During a status conference held on July 9, 2014, petitioners’ attorney was instructed to
counsel Dr. Adler to create more detailed invoices in the future, to include dates and more
descriptions of the type of work performed.
2

Case 1:13-vv-00276-UNJ Document 50 Filed 08/12/14 Page 3 of 3
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3