VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00858
Package ID: USCOURTS-cofc-1_13-vv-00858
Petitioner: Douglas Andor
Filed: 2013-10-31
Decided: 2015-01-16
Vaccine: influenza
Vaccination date: 2010-10-31
Condition: ulcerative colitis, spondylitis, and elevated liver enzymes
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Douglas Andor filed a petition on October 31, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine received on October 31, 2010, and Hepatitis A and Tetanus-Diptheria-Pertussis (Tdap) vaccines received on November 5, 2010, caused him to develop ulcerative colitis, spondylitis, and elevated liver enzymes. Respondent, the Secretary of Health and Human Services, denied causation. On November 21, 2014, Mr. Andor filed a Motion for Decision Dismissing His Petition, stating that an investigation of the facts and science had demonstrated he would be unable to prove entitlement to compensation in the Vaccine Program. Special Master Lisa Hamilton-Fieldman issued a decision on November 21, 2014, dismissing the petition for insufficient proof. The Special Master noted that the record did not contain evidence of a "Table Injury" or a medical expert's opinion, nor other persuasive evidence, to establish that the alleged injuries were caused by the vaccinations. Compensation could not be awarded based solely on the petitioner's claims. On December 17, 2014, the parties filed a Stipulation of Facts Concerning Final Attorneys’ Fees and Costs. Special Master Hamilton-Fieldman issued a decision on January 16, 2015, awarding $12,350.33 in attorneys' fees and costs, payable jointly to Mr. Andor and his counsel, Edward M. Kraus of the Law Offices of Chicago-Kent College of Law. The Special Master found the petition was brought in good faith with a reasonable basis. The public decision does not describe the onset of symptoms, specific medical records, or the mechanism of causation.

Theory of causation field:
Petitioner Douglas Andor alleged that an influenza vaccine on October 31, 2010, and Hepatitis A and Tdap vaccines on November 5, 2010, caused ulcerative colitis, spondylitis, and elevated liver enzymes. Petitioner moved to dismiss his petition on November 21, 2014, acknowledging an inability to prove entitlement to compensation. Special Master Lisa Hamilton-Fieldman dismissed the petition on November 21, 2014, for insufficient proof, noting the absence of a "Table Injury" or persuasive medical expert opinion or other evidence linking the vaccinations to the alleged injuries. The public text does not detail the specific mechanism of causation, expert testimony, or the breakdown of the $12,350.33 award for attorneys' fees and costs, which was made payable jointly to Petitioner and his counsel, Edward M. Kraus of the Law Offices of Chicago-Kent College of Law.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00858-0
Date issued/filed: 2014-12-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/21/2014) regarding 21 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
CCaassee 11::1133--vvvv--0000885588--UUNNJJ DDooccuummeenntt 2212 FFiilleedd 1112//2116//1144 PPaaggee 11 ooff 22
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-858V
Filed: November 21, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
DOUGLAS ANDOR, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Petitioner’s Motion for Dismissal
v. * Decision; Insufficient Proof of
* Causation; Vaccine Act Entitlement;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Hepatitis
AND HUMAN SERVICES, * A Vaccine; Tetanus-Diptheria-
* Pertussis (“TDaP”) Vaccine;
Respondent. * Ulcerative Colitis; Spondylitis;
* * * * * * * * * * * * * * * * Elevated Liver Enzymes.
Edward M. Kraus, Law Offices of Chicago-Kent, Chicago, IL, for Petitioner.
Darryl Wishard, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 31, 2013, Douglas Andor (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 et seq. (2006).
Petitioner alleged that he suffered from ulcerative colitis, spondylitis, and elevated liver
enzymes, and that these injuries had been caused by the influenza (“flu”) vaccine he received on
October 31, 2010 and the Hepatitis A and Tetanus-Diptheria-Pertussis (“Tdap”) vaccines he
received on November 5, 2010. Petition at 1.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

CCaassee 11::1133--vvvv--0000885588--UUNNJJ DDooccuummeenntt 2212 FFiilleedd 1112//2116//1144 PPaaggee 22 ooff 22
On November 21, 2014, Petitioner filed a Motion for a Decision Dismissing His Petition
(“Motion”). In his Motion, Petitioner indicates that “[a]n investigation of the facts and science
supporting this case has demonstrated to Petitioner that at this time he will be unable to prove
that he is entitled to compensation in the Vaccine Program.” Motion at 1. Petitioner further
states that he has been advised by his counsel that a decision dismissing his petition will result in
a judgment against him and will end all of his rights in the Vaccine Program. Id.
To receive compensation under the Vaccine Act, Petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of his vaccinations, or 2) that he 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 Petitioner suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that Petitioner’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. Petitioner, however, has 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 Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00858-1
Date issued/filed: 2015-01-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/17/2014) regarding 24 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00858-UNJ Document 30 Filed 01/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-858V
Filed: December 17, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
DOUGLAS ANDOR, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Decision on Attorneys’ Fees and
v. * Costs; Reasonable Amount
* Requested to Which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago-Kent, Chicago, IL, for Petitioner.
Darryl Wishard, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 31, 2013, Douglas Andor (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 et seq. (2006).
Petitioner alleged that he suffered from ulcerative colitis, spondylitis, and elevated liver
enzymes, and that these injuries had been caused by the influenza (“flu”) vaccine he received on
October 31, 2010 and the Hepatitis A and Tetanus-Diptheria-Pertussis (“Tdap”) vaccines he
received on November 5, 2010. Petition at 1. On November 21, 2014, the undersigned issued a
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00858-UNJ Document 30 Filed 01/16/15 Page 2 of 2
decision dismissing the case.
On December 17, 2014, the parties filed a Stipulation of Facts Concerning Final
Attorneys’ Fees and Costs. The parties have agreed to an award of $12,350.33 for attorneys’
fees and costs. In accordance with General Order Number 9, Petitioner’s counsel represents that
Petitioner has not personally incurred any expenses in pursuit of his claim.
The undersigned finds 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, the undersigned hereby awards the amount of $12,350.33, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Edward Kraus,
of the Law Offices of Chicago-Kent College of Law.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2