Melanie Wood v. HHS - Pentacel, death (2016)

On August 14, 2013, Melanie Wood, as the legal representative of her minor child L.W., filed a petition for vaccine compensation. The petition alleged that L.W. died as a result of receiving the Pentacel and Prevnar vaccines on December 12, 2011.

The respondent was the Secretary of Health and Human Services. Petitioner's counsel was Anne C.

Toale of Maglio Christopher & Toale, P.C., and respondent's counsel was Amy P. Kokot of the United States Department of Justice.

Special Master Nora Beth Dorsey issued a decision on June 15, 2015, dismissing the petition. The public decision does not describe the specific onset of symptoms or clinical details of L.W.'s death.

The petition did not contain sufficient evidence to prove entitlement to an award. Specifically, the record did not show evidence of a "Table Injury" or that the death was actually caused by the vaccines.

Petitioner moved to dismiss the petition, stating that an investigation demonstrated an inability to prove entitlement. The Special Master found that the petitioner failed to demonstrate either a "Table Injury" or that the death was "actually caused" by a vaccination, leading to dismissal for insufficient proof.

Subsequently, on December 4, 2015, the parties filed a stipulation for attorney fees and costs. Special Master Mindy Michaels Roth issued a decision on January 29, 2016, regarding this stipulation.

The stipulation indicated that the respondent did not object to the requested amount for attorney fees and costs. Petitioner declared no costs were incurred.

Special Master Roth found that the petition was brought in good faith with a reasonable basis and awarded $11,785.00 in attorney fees and costs, payable jointly to the petitioner and her counsel, Anne Toale.