VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00640
Package ID: USCOURTS-cofc-1_13-vv-00640
Petitioner: Jeffrey A Reid
Filed: 2014-10-22
Decided: 2014-11-17
Vaccine: Hepatitis B
Vaccination date: 2008-08-05
Condition: Multiple Sclerosis (“MS”)
Outcome: dismissed
Award amount USD: 12000

AI-assisted case summary:
Jeffrey A. Reid filed a petition for vaccine compensation alleging that a series of Hepatitis B vaccinations on August 5, 2008, September 13, 2009, and September 26, 2010 caused him to develop Multiple Sclerosis (MS). The petition was filed on October 22, 2014. The court noted that to receive compensation, the petitioner must prove either a Table Injury or that the injury was actually caused by a vaccine. The record did not contain evidence of a Table Injury, nor did it contain persuasive evidence that the Hepatitis B vaccine caused his MS. The petitioner was required to support his claim with medical records or a competent physician's opinion, but offered no such support. Consequently, the petitioner moved to dismiss his own petition due to the inability to obtain a supporting medical expert on causation. The court dismissed the case for insufficient proof on November 17, 2014. A subsequent decision on November 21, 2014, approved a joint stipulation for attorneys' fees and costs in the amount of $12,000.00.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00640-0
Date issued/filed: 2014-11-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/22/2014) regarding 30 DECISION of Special Master ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00640-UNJ Document 33 Filed 11/17/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-640V
Filed: October 22, 2014
[Not to be published]
* * * * * * * * * * * * * * * * * * * * * * *
JEFFREY A REID *
*
Petitioner, * Dismissal; Hep B;
v. * Multiple Sclerosis (“MS”)
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Gerald L. Timmerwilke, Blickhan, Timmerwilke, Woodworth & Larson, Quincy, IL for
petitioner.
Darryl R.Wishard, U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Gowen, Special Master:
On September 3, 2013, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program [“the Program”],2 alleging that a series
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-00640-UNJ Document 33 Filed 11/17/14 Page 2 of 2
of Hepatitis B vaccinations on August 5, 2008, September 13, 2009, and September 26,
2010 caused him to develop Multiple Sclerosis (“MS”). Petition at ¶¶ 4, 8. The
information in the record, however, does not show entitlement to an award under the
Program. On October 20, 2014, petitioner moved for a decision dismissing his petition.
To receive compensation under the Program, petitioner must prove either 1) that
he 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 or vaccines. See §§ 13(a)(1)(A) and 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 persuasive evidence indicating that
petitioner’s alleged injury was caused by the Hepatitis B vaccine.
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 that
supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that he suffered a “Table Injury” or that his injuries were “actually
caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The
Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00640-1
Date issued/filed: 2014-11-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/30/2014) regarding 32 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00640-UNJ Document 35 Filed 11/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-640V
Filed: October 30, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
JEFFREY A REID, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Gerald L. Timmerwilke, Blickhan, Timmerwilke, et al., Quincy, IL, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On September 3, 2014, Jeffrey A. Reid (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that a series of Hepatitis B vaccinations on August 5, 2008, September 13,
2009, and September 26, 2010 caused him to develop Multiple Sclerosis (“MS”). Petition ¶¶ 4,
8. On October 20, 2014, petitioner filed a motion to voluntarily dismiss his petition due to the
inability of petitioner to obtain a supporting medical expert to provide a report on the issue of
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00640-UNJ Document 35 Filed 11/21/14 Page 2 of 2
causation. See Pet’r Mot. for a Decision Dismissing the Petition, filed Oct. 10, 2014. On
October 22, 2014, the undersigned issued a Decision dismissing the petition for insufficient
proof. See Decision of Special Master., filed Oct. 22, 2014.
On October 29, 2014, the parties filed a stipulation regarding final attorneys’ fees and
costs. Petitioner requests a total award of attorneys’ fees and costs in the amount of $12,000.00.
Respondent does not object. In accordance with General Order #9, petitioner represents that he
did not personally incur costs related to this proceeding. See Stip. of Facts Regarding Final
Attorneys’ Fees and Costs, filed Oct. 29, 2014.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Gerald
L. Timmerwilke, of Blickhan, Timmerwilke et al., in the amount of $12,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2