VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00827
Package ID: USCOURTS-cofc-1_13-vv-00827
Petitioner: Ronniesha Thomas
Filed: 2013-10-22
Decided: 2014-09-02
Vaccine: influenza
Vaccination date: 2010-10-06
Condition: transverse myelitis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Ronniesha Thomas filed a petition on October 22, 2013, alleging that an influenza vaccine she received on October 6, 2010, caused her to develop transverse myelitis (TM). She alleged the TM began on December 20 or 22, 2010, approximately 11 weeks after vaccination. The Special Master, Laura D. Millman, noted that she had never considered an interval beyond two months (eight weeks) to be appropriate for a vaccination to cause a demyelinating disease, citing her prior decision in Corder v. Sec'y of HHS. Petitioner's counsel stated he would consult with the petitioner about whether to proceed. On March 6, 2014, petitioner filed a Motion for a Decision on the Written Record, acknowledging that she did not deem it worthwhile to continue prosecution given the 11-week onset interval. No expert opinion or supporting medical records were filed. The Special Master granted the motion and dismissed the petition on March 6, 2014. Petitioner was born on September 1, 1968. Medical records indicated onset of symptoms on December 20, 2010, with subsequent medical visits on December 27, 2010, and January 3, 2011, where she reported numbness and urinary incontinence. The Special Master found that petitioner failed to satisfy the three prongs of the Althen test for causation: a medical theory connecting the vaccine and the injury, a logical sequence of cause and effect, and a proximate temporal relationship. Specifically, the Special Master determined that the 11-week interval was too long to support a finding of causation for TM following a flu vaccination and that the medical records did not support the allegation. Petitioner's counsel was Isaiah R. Kalinowski of Maglio, Christopher & Toale, P.A. Respondent's counsel was Melonie J. McCall and later Lara A. Englund. On August 12, 2014, a stipulation for attorneys' fees and costs was filed. The Special Master awarded $8,000.00 in attorneys' fees and costs, payable by check jointly to Ronniesha Thomas and Maglio, Christopher & Toale, P.A.

Theory of causation field:
Petitioner Ronniesha Thomas alleged that an influenza vaccine administered on October 6, 2010, caused transverse myelitis (TM) with onset approximately 11 weeks later, around December 20-22, 2010. Petitioner's counsel was Isaiah R. Kalinowski. Respondent was represented by Melonie J. McCall and Lara A. Englund. Special Master Laura D. Millman presided. Petitioner moved for a decision on the written record, acknowledging the 11-week interval was likely too long for causation of a demyelinating disease, as the Special Master had previously held that intervals beyond two months were not appropriate. No expert opinions or supporting medical records were filed by the petitioner. The Special Master found that petitioner failed to establish a prima facie case, specifically failing to satisfy the proximate temporal relationship prong of the Althen test due to the 11-week interval. The petition was dismissed on March 6, 2014. Attorneys' fees and costs totaling $8,000.00 were awarded on August 12, 2014, payable to petitioner and her counsel, Maglio, Christopher & Toale, P.A.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00827-0
Date issued/filed: 2014-03-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/06/2014) regarding 18 DECISION of Special Master Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00827-UNJ Document 19 Filed 03/27/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-827V
March 6, 2014
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RONNIESHA THOMAS, *
*
Petitioner, *
*
v. * influenza vaccine; 11-week onset
* of transverse myelitis; petitioner
* moves for decision on the
SECRETARY OF HEALTH * written record; no expert opinion or
AND HUMAN SERVICES, * medical records in support
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Washington, DC, for petitioner.
Melonie J. McCall, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
Petitioner filed a petition on October 22, 2013, under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10-34 (2012). Petitioner alleges that her influenza (“flu”)
1 Because this decision contains a reasoned explanation for the special master’s action in
this case, the special master intends to post this decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116
Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special
masters will be made available to the public unless they contain trade secrets or commercial or
financial information that is privileged and confidential, or medical or similar information whose
disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is
filed, petitioner has 14 days to identify and move to redact such information prior to the
document’s disclosure. If the special master, upon review, agrees that the identified material fits
within the categories listed above, the special master shall redact such material from public
access.

Case 1:13-vv-00827-UNJ Document 19 Filed 03/27/14 Page 2 of 4
vaccination on October 6, 2010, caused her transverse myelitis (“TM”), which began December
20 or 22, 2010, or 11 weeks (almost three months) later.
On January 30, 2014, the undersigned held a telephonic status conference with petitioner
and respondent, explaining that the undersigned has never gone beyond two months (or eight
weeks) as an appropriate interval for a vaccination to cause a demyelinating disease, and cited
the undersigned’s decision in Corder v. Sec’y of HHS, No. 08-228V, 2011 WL 2469736 (Fed.
Cl. Spec. Mstr. May 31, 2011) (onset of GBS four months after flu vaccination was too long to
be appropriate for causation; the undersigned has never gone beyond two months as an
appropriate time interval for causation). Petitioner’s counsel stated that he intended to speak
with petitioner about whether to move to dismiss her petition.
On March 6, 2014, petitioner filed a Motion for a Decision on the Written Record, based
on Vaccine Rule 8(d) (Decision Without an Evidentiary Hearing). Petitioner states in her
motion: “Petitioner does not deem it worthwhile to pursue prosecution of the Petition all the way
to a hearing with expert witnesses, and believes the Court has sufficient information to rule on
the issue of causation.” Pet’r’s Mot., at 1, ¶ 2.
The undersigned grants petitioner’s motion and dismisses her case.
FACTS
Petitioner was born on September 1, 1968.
On October 6, 2010, she received flu vaccine. Med. recs. Ex. 1, at 3.
On December 24, 2010, petitioner saw Dr. Justin D. Cheesman at Waterbury Hospital
Emergency Department, complaining of paresthesias lasting four days (onset December 20,
2010) in her left lower extremity. Med. recs. Ex. 3, at 63.
On December 27, 2010, petitioner saw Dr. Daniel Tobin at Alliance Medical Group,
complaining of five days (onset December 22, 2010) of left-sided numbness and urinary
incontinence. Med. recs. Ex. 2, at 29.
On January 3, 2011, petitioner went to Waterbury Hospital Emergency Department,
complaining of paresthesias lasting 12 days (onset December 22, 2010). Med. recs. Ex. 3, at 71.
She was admitted to Waterbury Hospital on the same day and told Dr. Majid Sadigh that she had
experienced 12 days (onset December 22, 2010) of left-sided numbness. Id. at 76.
Also on January 3, 2011, petitioner saw Dr. Kenneth Kaplove, a neurologist at Waterbury
Hospital and told him that 12 days prior to admission (onset December 22, 2010), she had
numbness over the left side of her body. Id. at 79. Three of her children had had stomach
viruses after Christmas. Id.
2

Case 1:13-vv-00827-UNJ Document 19 Filed 03/27/14 Page 3 of 4
DISCUSSION
To satisfy her burden of proving causation in fact, petitioner must prove by preponderant
evidence: “(1) a medical theory causally connecting the vaccination and the injury; (2) a logical
sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a
showing of a proximate temporal relationship between vaccination and injury.” Althen v. Sec’y
of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). In Althen, the Federal Circuit quoted its opinion
in Grant v. Secretary of Health and Human Services, 956 F.2d 1144, 1148 (Fed. Cir. 1992):
A persuasive medical theory is demonstrated by “proof of a logical
sequence of cause and effect showing that the vaccination was the
reason for the injury[,]” the logical sequence being supported by
“reputable medical or scientific explanation[,]” i.e., “evidence in
the form of scientific studies or expert medical testimony[.]”
Althen, 418 F.3d at 1278.
Without more, “evidence showing an absence of other causes does not meet petitioner’s
affirmative duty to show actual or legal causation.” Grant, 956 F.2d at 1149. Mere temporal
association is not sufficient to prove causation in fact. Id. at 1148.
The Vaccine Act does not permit the undersigned to rule for petitioner based on her
claims alone, “unsubstantiated by medical records or by medical opinion.” 42 U.S.C. § 300aa–
13(a)(1) (2012).
Petitioner states in her Motion for a Decision on the Written Record that she will not
pursue prosecution of the petition all of the way to a hearing with expert witnesses, as she does
not deem it worthwhile to do so. The medical records do not support her allegation that flu
vaccine caused her TM 11 weeks later. Petitioner has failed to satisfy prong one of Althen.
Because petitioner has failed to prove that flu vaccine can cause TM 11 weeks later, she
has also failed to prove that flu vaccine did cause her TM 11 weeks later. Petitioner has failed to
satisfy prong two of Althen.
In addition, petitioner has failed to prove that 11 weeks is an appropriate time interval to
support a holding of causation of her TM from her flu vaccination. Thus, she has failed to satisfy
prong three of Althen.
Petitioner has failed to make a prima facie case. The undersigned GRANTS her motion
for a ruling on the written record. This petition is hereby DISMISSED.
3

Case 1:13-vv-00827-UNJ Document 19 Filed 03/27/14 Page 4 of 4
CONCLUSION
This petition is DISMISSED. In the absence of a motion for review filed pursuant to
RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: March 6, 2014 s/Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party,
either separately or jointly, filing a notice renouncing the right to seek review.
4

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00827-1
Date issued/filed: 2014-09-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/12/2014) regarding 23 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00827-UNJ Document 26 Filed 09/02/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-827V
Filed: August 12, 2014
Not for Publication
*************************************
RONNIESHA THOMAS, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Isaiah R. Kalinowski, Washington, DC, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On August 12, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends her application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00827-UNJ Document 26 Filed 09/02/14 Page 2 of 4
attorneys’ fees and costs to $8,000.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $8,000.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher & Toale, P.A., in the amount of
$8,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: August 12, 2014 s/ Laura D. Millman
by Nora Beth Dorsey
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-00827-UNJ Document 26 Filed 09/02/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RONNIESHA THOMAS, )
)
Petitioner, )
)
v. ) No. 13-878V
) Special Master Laura Millman
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION OF FACT CONCERNING ATTORNEYS’ FEES AND COSTS
It is hereby stipulated by and between the parties, the following factual matters:
1. Isaiah Kalinowski is the attorney of record for petitioner in this matter.
2. Petitioner submitted an informal request for attorneys’ fees and costs on August
11, 2014.
3. In informal discussions, respondent raised objections to certain items in
petitioner’s request. Based on these discussions, petitioner has amended her
request for attorneys’ fees and costs in this matter to request reimbursement for
attorneys’ fees and costs in the amount of $8,000.00.
4. Pursuant to General Order #9, petitioner advanced no monies in reimbursable
costs in pursuit of her claim.
5. The parties now request that a decision awarding final attorneys’ fees and costs,
totaling $8,000.00, be issued.

Case 1:13-vv-00827-UNJ Document 26 Filed 09/02/14 Page 4 of 4
Respectfully submitted,
s/ ISAIAH KALINOWSKI s/ LARA A. ENGLUND
ISAIAH KALINOWSKI LARA A. ENGLUND
MAGLIO, CHRISTOPHER & TOALE, PA Trial Attorney
The Willard Building Torts Branch
1455 Pennsylvania Avenue, N.W., Suite 400 Civil Division
Washington, DC 20004 U.S. Department of Justice
(941) 952-5242 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
(202) 307-3013
DATED: August 12, 2014