VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00397
Package ID: USCOURTS-cofc-1_13-vv-00397
Petitioner: Jasmin Rost
Filed: 2014-02-04
Decided: 2014-02-19
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 11100

AI-assisted case summary:
Jasmin Rost filed a petition for vaccine compensation on February 4, 2014. After reviewing the medical records and the parties' submissions, the Special Master found insufficient evidence to prove that a vaccine-related injury occurred. The petitioner did not demonstrate a "Table Injury" or that her alleged injury was actually caused by a vaccination, as required by the Vaccine Act. Consequently, the case was dismissed for insufficient proof on February 4, 2014. Subsequently, on February 19, 2014, the parties filed a stipulation for attorney's fees and costs, which the Special Master approved, awarding a total of $10,750.00 for attorney's fees and costs, and $350.00 for Petitioner's costs.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00397-0
Date issued/filed: 2014-02-28
Pages: 3
Docket text: PUBLIC DECISION Signed by Special Master Lisa Hamilton-Fieldman. (ds) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00397-UNJ Document 29 Filed 02/28/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-397V
Filed: February 4, 2014
* * * * * * * * * * * * * *
JASMIN ROST, * NOT TO BE PUBLISHED
*
* Special Master
* Hamilton-Fieldman
Petitioner, *
v. *
* Petitioner’s Motion for Dismissal
SECRETARY OF HEALTH * Decision; Insufficient Proof of
AND HUMAN SERVICES, * Causation; Vaccine Act Entitlement;
* Denial Without Hearing.
Respondent. *
* * * * * * * * * * * * * *
Thomas P. Gallagher, Somers Point, NJ, for Petitioners.
Justine Daigneault, Washington, DC, for Respondent.
DISMISSAL DECISION1
On June 13, 2013, Jasmin Rost (“Petitioner”) filed a petition for Vaccine
Compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (“Program”). Petition (“Pet”) at 1, ECF No. 1.
1 The undersigned intends to post this unpublished decision on the United States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.” Vaccine Rule 18(b). In the absence of such
motion, the entire decision will be available to the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat.
3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the
pertinent subparagraph of 42. U.S.C. §300aa (2006).
1

Case 1:13-vv-00397-UNJ Document 29 Filed 02/28/14 Page 2 of 3
The undersigned filed the Initial Order in this case on June 14, 2013. Order, ECF
No. 4. Counsel for Respondent, Justine Daigneault, made an appearance on June 25,
2013. Notice, ECF No. 5.
On June 27, 2013, medical records were filed in this case, labeled as Exhibits one
through five.3 Filing, ECF No. 6. On July 17, 2013, the undersigned filed a Scheduling
Order following a status conference, instructing Petitioner that Petitioner’s outstanding
medical records, medical literature, statement of completion, or status report, detailing
the status of record collection, would be due by September 18, 2013. Order, ECF No. 8.
On July 24, 2013, Petitioner filed records from the “Minute Clinic,” labeled as Exhibit 6.
Filing, ECF No. 9. Petitioner filed additional medical records on August 14, 2013,
labeled as Exhibits seven through nine, along with a statement of completion. Filing, ECF
No. 10; Statement of Completion, ECF No. 11.
On October 31, 2013, the undersigned issued a Scheduling Order, instructing
Respondent to file a Rule 4(c) Report by no later than December 4, 2013. Order (Non-
PDF), Oct. 31, 2013. On December 3, 2013, Respondent’s counsel filed a Motion for
Order to Show Cause and Respondent’s Report. Motion, ECF No. 15. In this Motion,
Respondent’s counsel stated that Respondent moves for “an order to show cause why this
case should not be dismissed because there is no evidence in the record, let alone
preponderant evidence, that a vaccine-related injury occurred.” Id. at 1.
On January 15, 2014, Petitioner’s counsel filed Exhibit ten as a photograph of
Petitioner. Filing, ECF No. 16. A status conference was held on January 16, 2014, to
discuss next steps in this case. Minute Entry, Jan. 16, 2014. An Order to Show Cause was
thereafter issued on January 17, 2014, instructing Petitioner that no evidence existed in
the record that a vaccine-related injury occurred in Petitioner’s case; the undersigned
instructed Petitioner to file outstanding German medical records, as discussed at the
status conference, or otherwise indicate why this case should not be dismissed for failure
to prosecute, within 35 days. Order at 2, ECF No. 17.
On January 30, 2014, Petitioner filed a “Motion For A Decision Dismissing Her
Petition.” Motion, ECF No. 18. In this Motion, Petitioner’s counsel stated that after an
investigation of the science and facts of this case, Petitioner would be unlikely to prove
that she is entitled to compensation under the Vaccine Program. Motion at 1, ECF No.
18.
3 Exhibit 1: Verification of Vaccination; Exhibit 2: Records from Fairlawn
Medical Attention Center, P.A.; Exhibit 3: Records from Dr. Sema Bank-Comprehensive
Women’s Care; Exhibit 4: Records from Dr. Sandy Milgraum; Exhibit 5: Records from
Closter Medical Group, P.A.
2

Case 1:13-vv-00397-UNJ Document 29 Filed 02/28/14 Page 3 of 3
To receive compensation under the Program, Petitioner must prove either: 1) that
she suffered a “Table Injury”- i.e., an injury falling within the Vaccine Injury Table-
corresponding to one of her vaccinations, or 2) that she 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 Petitioner suffered a “Table
Injury.” Further, the record does not contain a medical expert’s opinion or any other
persuasive evidence indicating that Petitioner’s alleged injury was vaccine-caused.
Under the Act, 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 she suffered a “Table Injury” or that her injuries were “actually
caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The
Clerk shall enter judgment accordingly.4
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
4 To preserve whatever right Petitioners may have to file a civil action in another
court, they must file an “Election to File a Civil Action” which rejects the judgment from
this court within 90 days of the date judgment was filed.
3

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00397-1
Date issued/filed: 2014-03-06
Pages: 2
Docket text: PUBLIC DECISION Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00397-UNJ Document 30 Filed 03/06/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-397V
Filed: February 19, 2014
* * * * * * * * * * * * * *
JASMIN ROST, * NOT TO BE PUBLISHED
*
* Special Master
* Hamilton-Fieldman
Petitioner, *
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Thomas P. Gallagher, Somers Point, NJ, for Petitioners.
Justine Daigneault, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program, the
undersigned issued a decision on February 4, 2014. On February 18, 2014, the parties
filed a stipulation concerning attorney’s fees and costs in this matter. The parties’
stipulation requests a total payment of $10,750.00, representing attorney’s fees and costs.
The stipulation also requests that Petitioner be reimbursed for $350.00 in costs.
1 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 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.” Vaccine Rule 18(b). Otherwise, “the entire” decision
will be available to the public. Id.
1

Case 1:13-vv-00397-UNJ Document 30 Filed 03/06/14 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 $10,750.00, as a lump
sum in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Thomas
P. Gallagher, Esq. I additionally award the total of $350.00 in the form of a check
payable solely to Petitioner.
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