VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00734
Package ID: USCOURTS-cofc-1_13-vv-00734
Petitioner: Jennifer Robi
Filed: 2013-09-25
Decided: 2015-07-22
Vaccine: human papillomavirus
Vaccination date: 2010-03-04
Condition: acquired demyelination neuropathy or an aggravation of existing fibromyalgia
Outcome: denied
Award amount USD: 

AI-assisted case summary:
Jennifer Robi filed a petition on September 25, 2013, alleging that human papillomavirus (HPV) vaccinations administered on March 4, 2010, June 29, 2010, and January 20, 2011, and influenza (flu) vaccinations administered on October 1, 2010, and September 12, 2011, caused her to develop an acquired demyelinating neuropathy or an aggravation of her existing fibromyalgia. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests performed, or treatments received. Petitioner's counsel was Sol P. Ajalat of Ajalat & Ajalat. Respondent's counsel was Debra A. Filteau Begley of the United States Department of Justice. Special Master Christian J. Moran presided over the case. During status conferences, the parties discussed the need for petitioner to obtain an expert report opining that a vaccination caused her harm. Petitioner indicated she had consulted with a rheumatologist/immunologist and that her expert would need time to review medical records. Petitioner later stated she had undergone extensive diagnostic testing with no tentative diagnosis besides fibromyalgia. Petitioner filed a motion for a ruling on the record, and respondent filed a response. Special Master Moran denied compensation on April 15, 2015, finding that the medical records did not support petitioner's claim and that no competent medical opinion had been offered in support of causation. The Special Master determined that Ms. Robi failed to demonstrate either a "Table Injury" or that her injuries were "actually caused" by a vaccination, thus dismissing the case for insufficient proof. On July 22, 2015, Special Master Moran awarded attorneys' fees and costs totaling $38,365.08. This amount included $35,865.08 for attorneys' fees and litigation costs, payable to petitioner and her attorney, and $2,500.00 for out-of-pocket expenses incurred by petitioner. The award for fees and costs was based on the stipulation of fact concerning final attorneys' fees and costs, and the finding that petitioner brought her petition in good faith and had a reasonable basis for proceeding, even though compensation for the alleged vaccine injury was denied.

Theory of causation field:
Petitioner Jennifer Robi alleged that HPV vaccines (March 4, 2010, June 29, 2010, January 20, 2011) and flu vaccines (October 1, 2010, September 12, 2011) caused an acquired demyelinating neuropathy or aggravation of fibromyalgia. The public decision states that no expert report supporting causation was submitted. Special Master Christian J. Moran denied compensation on April 15, 2015, finding the medical records insufficient and no competent medical opinion offered to support causation. The case was dismissed for insufficient proof. Attorneys' fees and costs of $38,365.08 were awarded on July 22, 2015, to petitioner and her counsel, Sol P. Ajalat, for bringing the petition in good faith. Petitioner's counsel was Sol P. Ajalat of Ajalat & Ajalat; respondent's counsel was Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00734-0
Date issued/filed: 2015-05-08
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 04/15/2015) regarding 34 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00734-UNJ Document 35 Filed 05/08/15 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JENNIFER ROBI, *
* No. 13-734V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 15, 2015
*
SECRETARY OF HEALTH * Decision on the record; insufficient
AND HUMAN SERVICES, * proof of causation; human
* papillomavirus (“HPV”) vaccine;
Respondent. * influenza (“flu”) vaccine.
* * * * * * * * * * * * * * * * * * * * *
Sol P. Ajalat, Ajalat & Ajalat, North Hollywood, CA, for petitioner;
Debra A. Filteau Begley, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION 1
Jennifer Robi filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. §§ 300aa-10 through 34 (2006), on September 25, 2013. Her
petition alleged that she developed an acquired demyelination neuropathy or an
aggravation of existing fibromyalgia from the receipt of the human papillomavirus
(“HPV”) vaccines administered to her on March 4, 2010, June 29, 2010, and
January 20, 2011, and influenza (“flu”) vaccines administered on October 1, 2010,
and September 12, 2011. 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 ruling 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-00734-UNJ Document 35 Filed 05/08/15 Page 2 of 3
I. Procedural History
On September 26, 2013, Ms. Robi filed medical records, as required by 42
U.S.C. § 300aa-11(c) and Vaccine Rule 2(c)(2)(A). She continued to file
additional medical records periodically. During status conferences, the parties
discussed the need for petitioner to obtain a report from an expert, opining that a
vaccination harmed her.
A status conference was held on October 28, 2014. Ms. Robi indicated that
she had consulted with a rheumatologist/ immunologist. She stated that her expert
would need at least 60 days to review the relevant medical records. The
undersigned prepared a list of proposed instructions for Ms. Robi’s expert. The
parties were ordered to file any comments to the proposed instructions in two
weeks. Additionally, Ms. Robi was ordered to file a status report indicating the
date she transmitted her medical records to her expert and a date of completion for
the report.
In her status report filed on January 5, 2015, Ms. Robi stated that she had
undergone extensive diagnostic testing with no tentative diagnosis besides
fibromyalgia. A status conference was held on February 3, 2015, the parties
discussed the case and Ms. Robi requested 45 days to file her motion for a ruling
on the record.
On March 13, 2015, Ms. Robi filed her motion for a ruling on the record.
Respondent filed her response on March 27, 2015. Accordingly, this case is now
ready for adjudication.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (hereinafter “the Program”), Ms. Robi must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to her vaccination, 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 Ms. Robi suffered a
“Table Injury.” Thus, she is necessarily pursuing a causation-in-fact claim.
Under the Act, a 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. § 300aa-13(a)(1). In
2

Case 1:13-vv-00734-UNJ Document 35 Filed 05/08/15 Page 3 of 3
this case, because the medical records do not support Ms. Robi’s claim, a medical
opinion must be offered in support. Ms. Robi, however, has offered no such
opinion.
Accordingly, it is clear from the record in this case that Ms. Robi 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.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
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-00734-1
Date issued/filed: 2015-07-22
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 06/26/2015) regarding 42 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00734-UNJ Document 46 Filed 07/22/15 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JENNIFER ROBI, * No. 13-734V
*
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 26, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Sol P. Ajalat, Ajalat & Ajalat, North Hollywood, CA, for petitioner;
Debra A. Filteau Begley, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On June 24, 2015, petitioners filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $38,365.08, an amount to which respondent does not object.
The Court awards this amount.
On September 25, 2013, Jennifer Robi filed a petition for compensation
alleging that the human papillomavirus (“HPV”) vaccines administered to her on
March 4, 2010, June 29, 2010, and January 20, 2011, and influenza (“flu”)
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 ruling 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-00734-UNJ Document 46 Filed 07/22/15 Page 2 of 3
vaccines administered on October 1, 2010, and September 12, 2011, caused her to
develop an acquired demyelination neuropathy or an aggravation of existing
fibromyalgia.
During status conferences, the parties discussed the need for petitioner to
obtain a report from an expert, opining that a vaccination harmed her. Because the
medical records do not support Ms. Robi’s claim, a medical opinion must be
offered in support. Ms. Robi, however, has offered no such opinion. See Pet’r’s
Motion for a Judgment on the Record, filed March 13, 2014. In this ruling,
compensation was denied. Decision, dated April 15, 2015.
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
petitioner gathered and filed medical records, attempted to obtain an expert report,
and moved for a decision on the record when further investigation revealed that
petitioner were unlike to prove her case. Thus, because petitioner’s counsel acted
in good faith and because there was a reasonable basis for proceeding, petitioner is
eligible for an award of attorneys’ fees and costs. Respondent does not contend
that petitioner failed to satisfy these criteria.
Petitioners seek a total of $35,865.08 in attorneys’ fees and costs for their
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $2,500.00 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $35,865.08 in the form of a check made payable to
petitioner and petitioner’s attorney, Sol P. Ajalat, Esq., for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $2,500.00, payable to petitioner, Jennifer Robi, for
costs she incurred in pursuit of her petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
2

Case 1:13-vv-00734-UNJ Document 46 Filed 07/22/15 Page 3 of 3
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
3