VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00850
Package ID: USCOURTS-cofc-1_13-vv-00850
Petitioner: C.F.
Filed: 2013-10-29
Decided: 2015-03-27
Vaccine: 
Vaccination date: 2010-11-11
Condition: neurological injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On October 29, 2013, Jeffrey and Filomena Faucher filed a petition on behalf of their minor child, C.F., alleging a neurological injury caused by multiple vaccines administered on November 11, 2010. The vaccines included Diptheria-Tetanus-acellular-Pertussis (DTaP), Inactivated Polio (IPV), haemophilus influenza (Hib), hepatitis B (Hep B), Pneumococcal Conjugate (PCV), Rotavirus, and influenza (flu). The petitioners were represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C. The respondent was the Secretary of Health and Human Services, represented by Glenn MacLeod of the United States Department of Justice. On March 3, 2015, the petitioners filed a motion to dismiss their own petition, stating they were unable to secure the necessary evidence to prove entitlement to compensation. Special Master Lisa Hamilton-Fieldman noted that to receive compensation, petitioners must prove either a Table injury or that the vaccine actually caused the injury. The public decision does not describe the specific onset or symptoms of C.F.'s alleged neurological injury, nor does it detail any medical records, tests, or treatments. The record did not contain evidence of a Table injury. Furthermore, the record did not include a medical expert's opinion or any other persuasive evidence to establish causation. The Special Master stated that under the Vaccine Act, a petition cannot be awarded compensation based solely on the petitioner's claims; it must be supported by medical records or a competent physician's opinion. Because the medical records were insufficient and no supporting medical opinion was offered, the petition was dismissed for insufficient proof. The decision was issued on March 27, 2015.

Theory of causation field:
Petitioners alleged a neurological injury caused by DTaP, IPV, Hib, Hep B, PCV, Rotavirus, and flu vaccines administered on November 11, 2010. The petitioners filed a motion to dismiss their petition, stating they were unable to secure the necessary evidence to prove entitlement. Special Master Lisa Hamilton-Fieldman noted that entitlement requires proof of a Table injury or actual causation. The record did not contain evidence of a Table injury, nor did it include a medical expert's opinion or other persuasive evidence to establish causation. The public decision does not describe the specific mechanism of injury or name any medical experts. The petition was dismissed for insufficient proof on March 27, 2015. Petitioners were represented by Ronald Homer, and Respondent by Glenn MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00850-0
Date issued/filed: 2015-03-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/06/2015) regarding 25 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00850-UNJ Document 26 Filed 03/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-850V
Filed: March 6, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
JEFFREY FAUCHER and FILOMENA *
FAUCHER, parents of C.F., a minor, *
* Special Master Hamilton-Fieldman
Petitioners, *
*
v. * Petitioners’ Motion for Dismissal
* Decision; Neurological Injury;
SECRETARY OF HEALTH * Diptheria-Tetanus-Pertussis-acellular
AND HUMAN SERVICES, * Pertussis (“DTaP”) Vaccine;
* Inactivated Polio (“IPV”) Vaccine;
Respondent. * haemophilus influenza (“Hib”)
* Vaccine; Pneumococcal Conjugate
* * * * * * * * * * * * * * * * * * * * * * * * * Vaccine (“PCV”); Rotavirus
Vaccine; Influenza (“flu”) Vaccine;
Hepatitis B (“Hep B”) Vaccine.
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Glenn MacLeod, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 29, 2013, Jeffrey and Filomena Faucher (“Petitioners”) filed a petition on
behalf of their child, C.F., for compensation under the National Childhood Vaccine Injury Act
of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioners alleged that C.F.
suffered from a neurological injury, and that this injury was caused by Diptheria-Tetanus-
acellular-Pertussis (“DTaP”), Inactivated Polio (“IPV”), haemophilus influenza (“Hib”), hepatitis
B (“hep B”), Pneumococcal Conjugate (“PCV”), Rotavirus, and influenza (“flu”) vaccines
administered to her on November 11, 2010. Petition (“Pet”) at 1. The undersigned now finds
that the information in the record does not show entitlement to an award under the Program.
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 and note (2006)). In accordance with
Vaccine Rule 18(b), a party 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,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.

Case 1:13-vv-00850-UNJ Document 26 Filed 03/27/15 Page 2 of 2
On March 3, 2015, Petitioners filed a Motion for a Decision Dismissing the Petition.
According to their motion, Petitioners “have been unable to secure further evidence required by
the court to prove entitlement to compensation in the Vaccine Program.” Motion at 1.
Petitioners further state that they have been advised by counsel that a dismissal decision will
result in a judgment against them, and that such a judgment will end all of their rights in the
Vaccine Program. Id.
To receive compensation under the Vaccine Act, Petitioners must prove either 1) that
C.F. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of her vaccinations, or 2) that C.F. 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 C.F. suffered a “Table Injury.” Further, the record does
not contain a medical expert’s opinion or any other persuasive evidence indicating that C.F.’s
injuries were caused by a vaccination.
Under the Vaccine Act, a petitioner may not be awarded compensation 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 this case, because the medical
records are insufficient to establish entitlement to compensation, a medical opinion must be
offered in support. Petitioners, however, have offered no such opinion.
Therefore, the only alternative remains to DENY this petition. Thus, this case is
dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
/s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2