VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00580
Package ID: USCOURTS-cofc-1_13-vv-00580
Petitioner: L.W.
Filed: 2013-08-14
Decided: 2016-01-29
Vaccine: Pentacel
Vaccination date: 2011-12-12
Condition: death
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Melanie Wood, as legal representative of L.W., alleged that L.W. died as a result of receiving the Pentacel and Prevnar vaccines on December 12, 2011. The petition was filed on August 14, 2013. The Special Master's decision of June 15, 2015, by Nora Beth Dorsey, dismissed the petition for insufficient proof. The public text does not describe the specific mechanism of injury or provide expert opinions. Petitioner moved to dismiss, stating an inability to prove entitlement, specifically failing to demonstrate a "Table Injury" or that the death was "actually caused" by the vaccines. The Special Master found insufficient evidence in the record to support either theory. A subsequent stipulation for attorney fees and costs was approved by Special Master Mindy Michaels Roth on January 29, 2016, awarding $11,785.00 jointly to the petitioner and her counsel, Anne C. Toale, finding the petition was brought in good faith with a reasonable basis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00580-0
Date issued/filed: 2015-07-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/15/2015) regarding 52 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00580-UNJ Document 54 Filed 07/31/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 15, 2015
[Not to be published]
* * * * * * * * * * * * * * * * * * * * * * *
MELANIE WOOD, as legal *
representative of L.W., a deceased *
minor child, *
* No. 13-580V
*
Petitioner, * Special Master Dorsey
v. *
* Dismissal; Pentacel; Prevnar;
* Death.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, P.C., Sarasota, FL for petitioner.
Amy P. Kokot, United States Department of Justice, Washington, DC for respondent.
DECISION1
On August 14, 2013, petitioner filed a petition on behalf of her minor child, L.W.,
for Vaccine Compensation in the National Vaccine Injury Compensation Program [“the
Program”].2 Petitioner alleged that L.W. died as a result of receiving the Pentacel and
1 Because this unpublished decision contains a reasoned explanation for the action in this case, 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)). In accordance with Vaccine Rule 18(b),
petitioner has 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.
1

Case 1:13-vv-00580-UNJ Document 54 Filed 07/31/15 Page 2 of 2
Prevnar vaccines on December 12, 2011. Petition at ¶ 2, 3. The information in the record,
however, does not show entitlement to an award under the Program. On June 12, 2015,
petitioner moved for a decision dismissing the petition, stating: “an investigation of the
facts and science supporting her case has demonstrated that petitioner will be unable to
prove that L.W., decedent is entitled to compensation in the Vaccine Program.” Pet. Mot.
Dismissing the Petition at ¶ 1.
To receive compensation under the Program, petitioner must prove either 1) that the
minor child suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury
Table—corresponding to one or more of his vaccinations, or 2) that he suffered an injury
that was actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination
of the record did not uncover any evidence that L.W. suffered a “Table Injury.” Further,
the record does not contain persuasive evidence indicating that L.W.’s death was caused
by the one, or a combination of, the vaccines at issue.
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 expert opinion must
be offered in support. Petitioner, however, has offered no such opinion that supports a
finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that L.W. suffered a “Table Injury” or that the minor’s death was
“actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof.
The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00580-1
Date issued/filed: 2016-01-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/07/2015) regarding 60 DECISION Fees Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jdm) Copy to parties.
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Case 1:13-vv-00580-UNJ Document 63 Filed 01/29/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-580V
Filed: December 7, 2015
*******************************************
MELANIE WOOD, as Legal Representative of *
L.W., Deceased Minor Child, *
*
Petitioner, * Attorney Fees and Costs; Stipulation.
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*******************************************
Anne Carrión Toale, Esq., Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Amy Paula Kokot, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Roth, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 the chief special
master issued a decision dismissing the petition on June 15, 2015. On December 4, 2015, the
parties filed a stipulation for attorney fees and costs. The stipulation indicates that respondent
does not object to the amount petitioners are requesting. Additionally, pursuant to General Order
#9, a declaration filed by petitioner notes that petitioner did not incur any costs.
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(e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I
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 1:13-vv-00580-UNJ Document 63 Filed 01/29/16 Page 2 of 2
hereby award the following:
A lump sum of $11,785.00 in the form of a check payable jointly to petitioner
and petitioner’s counsel of record, Anne Toale, for petitioner’s attorney fees and
costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 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).