VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00750
Package ID: USCOURTS-cofc-1_13-vv-00750
Petitioner: K.M.K.
Filed: 2014-04-29
Decided: 2014-12-09
Vaccine: Gardasil
Vaccination date: 
Condition: syncope and seizures
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Riki Hurst, as the natural mother and guardian ad litem for K.M.K., a minor, filed a petition for vaccine compensation on April 29, 2014, alleging that K.M.K. experienced syncope and seizures upon administration of the Gardasil vaccine. The respondent was the Secretary of Health and Human Services. On April 8, 2014, the petitioner moved to dismiss the petition, stating she was unable to develop sufficient evidence to prove her case. Special Master Thomas L. Gowen reviewed the record and found no evidence that K.M.K. suffered a "Table Injury" nor persuasive evidence that K.M.K.'s alleged injuries were vaccine-caused. The petitioner acknowledged that her expert, a pediatric neurologist, was unable to render an opinion sufficient to satisfy the Althen criteria, which requires a reliable medical expert's opinion to establish a medical theory causally connecting the vaccination to the injury, a logical sequence of cause and effect, and a proximate temporal relationship. Because there were insufficient medical records and no supporting medical opinion, the petition was dismissed for insufficient proof on December 9, 2014. Subsequently, on May 20, 2014, the parties filed a stipulation for attorney fees and costs, and Special Master Gowen awarded $20,500.00 in attorney fees and costs, payable jointly to the petitioner and petitioner's counsel, Carol L. Gallagher, Esquire, LLC. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific clinical details of the alleged injuries, or the specific medical records that were deemed insufficient.

Theory of causation field:
The petitioner, Riki Hurst, filed a petition on behalf of minor K.M.K. alleging syncope and seizures following administration of the Gardasil vaccine. The petition was dismissed for insufficient proof on December 9, 2014, by Special Master Thomas L. Gowen. The petitioner moved for dismissal, acknowledging an inability to develop sufficient evidence. The Special Master found no evidence of a "Table Injury" and no persuasive evidence that the alleged injuries were vaccine-caused. The petitioner's expert, a pediatric neurologist, was reportedly unable to render an opinion sufficient to satisfy the Althen criteria, which requires establishing a medical theory connecting the vaccination to the injury, a logical sequence of cause and effect, and a proximate temporal relationship. Insufficient medical records and lack of a supporting medical opinion led to the dismissal. Petitioner's counsel was Carol L. Gallagher, Esquire, LLC, and respondent's counsel was Darryl Wishard, Esq. Attorney fees and costs totaling $20,500.00 were awarded on May 20, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00750-0
Date issued/filed: 2014-05-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/29/2014) regarding 29 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00750-UNJ Document 33 Filed 05/20/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0750V
Filed: April 29, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RIKI HURST, natural mother and *
Guardian ad litem for *
K.M.K., a minor *
Petitioner, * Stipulation; Attorney’s Fees and
* Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Esq., Carol L. Gallagher, Esquire, LLC., Linwood, NJ for petitioner.
Darryl Wishard, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 petitioner
moved for a decision dismissing this petition on April 8, 2014, and I issued a decision
dismissing this case on April 17, 2014. On April 29, 2014, the parties filed a stipulation
for attorney fees and costs. The stipulation indicates that respondent does not object to
the amended amount of $20,500.00 that petitioner is requesting. Additionally, pursuant
to General Order #9, the stipulation notes that petitioner incurred no personal litigation
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,
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-00750-UNJ Document 33 Filed 05/20/14 Page 2 of 2
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 $20,500.003 in
the form of a check payable jointly to petitioner and petitioner’s counsel of
record, Carol L. Gallagher, Esquire, LLC, for petitioner’s attorney’s fees and
costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 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).

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00750-1
Date issued/filed: 2014-12-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/17/2014) regarding 24 DECISION of Special Master (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00750-UNJ Document 34 Filed 12/09/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0750V
Filed: April 17, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RIKI HURST, natural mother and *
Guardian ad litem for *
K.M.K., a minor *
Petitioner, * Dismissal; HPV; Syncope; Seizures
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Esq., Carol L. Gallagher, Esquire, LLC., Linwood, NJ for petitioner.
Darryl Wishard, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Gowen, Special Master:
On September 27, 2013, petitioner, Riki Hurst filed a petition for Vaccine
Compensation in the National Vaccine Injury Compensation Program [“the Program”],2
as natural mother and guardian ad litem for K.M.K., a minor, alleging that K.M.K.
experienced syncope and seizures upon administration of the Guardasil vaccine.
Petition at 1. On April 8, 2014, petitioner moved for a decision dismissing this petition
on the ground that she was unable to develop sufficient evidence to prove her case.
To receive compensation under the Program, petitioner must prove either 1) that
K.M.K. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of K.M.K.’s vaccinations, or 2) that K.M.K. suffered an injury that
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), petitioners have 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.

Case 1:13-vv-00750-UNJ Document 34 Filed 12/09/14 Page 2 of 2
was actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination of
the record did not reveal any evidence that K.M.K. suffered a “Table Injury.” Further,
the record does not contain persuasive evidence indicating that K.M.K.’s alleged injury
was vaccine-caused. In fact, petitioner has acknowledged that her expert, a pediatric
neurologist, was unable to render an opinion sufficient to satisfy the Althen3 criteria.
Under the Act, petitioner may not be given a Program award based solely on the
petitioner’s claims. 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, and petitioner has
acknowledged that she does not have a medical opinion to support her claim, this
petition must be dismissed.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that K.M.K. suffered a “Table Injury” or that K.M.K.’s 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/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 A reliable medical expert’s opinion must establish “(1) a medical theory causally connecting the
vaccination to the injury; (2) a logical sequence of cause and effect showing the vaccination was the
reason for the injury; and (3) a showing of a proximate temporal relationship between the vaccination and
the injury.” Althen v. Sec’y, HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.