VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00801
Package ID: USCOURTS-cofc-1_13-vv-00801
Petitioner: L.B.
Filed: 2013-10-07
Decided: 2014-08-07
Vaccine: DTap
Vaccination date: 2011-07-11
Condition: infantile spasms
Outcome: compensated
Award amount USD: 25194

AI-assisted case summary:
On October 7, 2013, Timothy and Jacqueline Bombard, as natural parents and guardians of their minor child L.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that L.B. suffered from infantile spasms as a result of receiving DTap, Hib, IPV, Rotavirus, and Pneumococcal vaccinations on July 11, 2011. The petition was filed by Petitioners' counsel Thomas P. Gallagher. The respondent was the Secretary of Health and Human Services, represented by Lisa A. Watts. On June 12, 2014, the Petitioners moved to dismiss their own petition, stating that they lacked sufficient evidence to demonstrate entitlement to compensation. They could not prove that L.B. suffered a "Table Injury" or that the alleged injury was actually caused by a vaccine. The public decision does not describe the specific onset of symptoms, medical records, diagnostic tests, or treatments. No medical expert opinions were offered in support of the claim. Special Master Lisa Hamilton-Fieldman noted that under the Program, awards cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion. As there were insufficient medical records and no medical opinion presented, the Special Master found that the Petitioners failed to demonstrate entitlement. Consequently, the case was dismissed for insufficient proof. Subsequently, on July 16, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis. An award was made for attorneys' fees and costs totaling $24,595.00, payable jointly to Petitioners and their counsel, Thomas P. Gallagher, Esq. Additionally, out-of-pocket costs of $599.72 were awarded, payable to Petitioners. The total award was $25,194.72.

Theory of causation field:
Petitioners alleged that L.B. suffered infantile spasms as a result of receiving DTap, Hib, IPV, Rotavirus, and Pneumococcal vaccinations on July 11, 2011. Petitioners moved to dismiss their petition, acknowledging insufficient evidence to demonstrate entitlement. They could not prove L.B. suffered a "Table Injury" or that the alleged injury was vaccine-caused. The public decision does not describe the specific mechanism of causation, nor does it name any medical experts. The Special Master found that the record lacked evidence of a "Table Injury" and contained no medical expert opinion or other persuasive evidence indicating the alleged injury was vaccine-caused. Petitioners failed to demonstrate entitlement, and the case was dismissed for insufficient proof. Attorneys for Petitioners were Thomas P. Gallagher, and for Respondent was Lisa A. Watts. Special Master Lisa Hamilton-Fieldman issued the decision. An award of $24,595.00 for attorneys' fees and costs and $599.72 for out-of-pocket costs was made, totaling $25,194.72, based on a finding that 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-00801-0
Date issued/filed: 2014-07-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/12/2014) regarding 19 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00801-UNJ Document 23 Filed 07/07/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-801V
Filed: June 12, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
TIMOTHY P. BOMBARD and JACQUELINE *
BOMBARD, natural parents and guardians of L.B., *
a minor, * Special Master
* Hamilton-Fieldman
*
Petitioners, * Petitioners’ Motion to Dismiss Petition;
v. * Insufficient Proof of Causation; Vaccine Act
* Entitlement; Denial Without Hearing.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Thomas P. Gallagher, Thomas Gallagher, Esquire, LLC, Somers Point, NJ, for Petitioners.
Lisa A. Watts, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 7, 2013, Timothy Bombard and Jacqueline Bombard (“Petitioners”) filed a
petition on behalf of their child, L.B., for compensation under the National Vaccine Injury
Compensation Program (“the Program”), 42 U.S.C. §300aa-10, et seq. (2006), 2 alleging that
their child suffered from infantile spasms as a result of receiving the DTap, Hib, IPV, Rotavirus,
and Pneumococcal vaccinations on July 11, 2011. Petition (“Pet.”) at 1, ECF No. 1. The
information in the record does not show entitlement to an award under the Program.
1 The undersigned intends to post this unpublished 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)). As
provided by Vaccine Rule 18(b), each party has 14 days within which to file a motion for
redaction “of any information furnished by that party (1) that is trade secret or commercial or
financial information and is privileged or confidential, or (2) that are medical files and similar
files the disclosure of which would constitute a clearly unwarranted invasion of privacy.” In the
absence of such motion, the entire decision will be available to the public. Id.
2 The National Vaccine Injury Compensation 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. (2006).
1

Case 1:13-vv-00801-UNJ Document 23 Filed 07/07/14 Page 2 of 2
On June 12, 2014, Petitioners moved for a decision dismissing their petition,
acknowledging that insufficient evidence exists to demonstrate entitlement to compensation.
To receive compensation under the Program, Petitioners must prove either 1) that L.B.
suffered a “Table Injury”-i.e., an injury falling within the Vaccine Injury Table- corresponding to
one of L.B.’s vaccinations, or 2) that L.B. 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.B. suffered a “Table Injury.” Further, the record does not contain a medical
expert’s opinion or any other persuasive evidence indicating that L.B.’s alleged injury was
vaccine-caused.
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. § 13(a)(1). In this case, because there are insufficient
medical records supporting Petitioners’ claim, a medical opinion must be offered in support.
Petitioners, however, have offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioners have failed to
demonstrate either that L.B. suffered a “Table Injury” or that L.B.’s 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/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00801-1
Date issued/filed: 2014-08-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/16/2014) regarding 25 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00801-UNJ Document 29 Filed 08/07/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-801V
(E-Filed: July 16, 2014)
* * * * * * * * * * * * * * *
TIMOTHY P. BOMBARD and * UNPUBLISHED
JACQUELINE BOMBARD, natural *
parents and guardians of L.B., a minor, *
*
Petitioners, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Thomas P. Gallagher Thomas P. Gallagher, Esq., LLC, Somers Point, NJ, for Petitioners.
Lisa A. Watts, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on June 12, 2014. On July 16, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
1 The undersigned intends to post this unpublished 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)). 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 trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:13-vv-00801-UNJ Document 29 Filed 08/07/14 Page 2 of 2
requests a total payment of $24,595.00, representing total attorneys’ fees and costs.
Pursuant to General Order #9, Petitioners stated that they incurred $599.72 in out-of-
pocket 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(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award the amount of $24,595.00,
in the form of a check made payable jointly to Petitioners and Petitioners’ counsel,
Thomas P. Gallagher, Esq. I additionally award costs of $599.72, in the form of a
check made payable to Petitioners.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2