VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00880
Package ID: USCOURTS-cofc-1_13-vv-00880
Petitioner: Samuel Gray
Filed: 2013-11-05
Decided: 2015-11-17
Vaccine: influenza
Vaccination date: 2010-10-21
Condition: Dyspnea and other neurological symptoms
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Samuel Gray filed a petition for Vaccine Compensation on November 5, 2013, alleging that an influenza vaccine administered on October 21, 2010, caused him to suffer from dyspnea and other neurological symptoms. The record did not contain sufficient evidence to support entitlement to compensation under the National Vaccine Injury Compensation Program. Petitioner's counsel was Verne E. Paradie, Jr. of Maglio, Paradie Sherman Walker and Worden. Respondent's counsel was Gordon E. Shemin of the U.S. Department of Justice. On January 24, 2014, petitioner moved for a decision dismissing his petition. Special Master Mindy Michaels Roth issued a decision on October 21, 2015, dismissing the petition. The Special Master found that the record lacked sufficient evidence of either a "Table Injury" or an injury that was "actually caused" by the vaccine. The decision noted that under the Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion, neither of which was provided in sufficient support of entitlement. Consequently, the case was dismissed for insufficient proof. Subsequently, on October 27, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Respondent did not object to a total award of attorneys' fees and costs in the amount of $10,534.20. Petitioner also incurred $1,500.00 in out-of-pocket litigation expenses. Special Master Roth granted the motion for approval and payment of attorneys' fees and costs on October 27, 2015. The award was to be made in the form of a check jointly payable to Samuel Gray and Verne E. Paradie for $10,534.20, and a check payable to Samuel Gray for $1,500.00. The Clerk was ordered to enter judgment accordingly.

Theory of causation field:
Petitioner Samuel Gray alleged that an influenza vaccine received on October 21, 2010, caused dyspnea and other neurological symptoms. The public decision does not specify the petitioner's age at vaccination or provide details regarding the onset, specific symptoms, medical records, or treatments. Petitioner moved to dismiss his own petition on January 24, 2014, citing insufficient proof. Special Master Mindy Michaels Roth dismissed the petition on October 21, 2015, finding no evidence of a "Table Injury" or that the alleged injury was "actually caused" by the vaccine, as required by the National Vaccine Injury Compensation Program. The decision noted the absence of supporting medical records or a physician's opinion. Attorneys for petitioner were Verne E. Paradie, Jr., and for respondent was Gordon E. Shemin. Petitioner was awarded attorneys' fees and costs of $10,534.20 and out-of-pocket expenses of $1,500.00, as stipulated by the parties and approved by Special Master Roth on October 27, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00880-0
Date issued/filed: 2015-11-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/21/2015) regarding 42 DECISION of Special Master Signed by Special Master Mindy Michaels Roth. (mbl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00880-UNJ Document 47 Filed 11/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: October 21, 2015)
* * * * * * * * * * * * * * * UNPUBLISHED
SAMUEL GRAY, *
* No. 13-880V
Petitioner, *
*
v. * Special Master Roth
*
SECRETARY OF HEALTH * Influenza Vaccine; Table Injury;
AND HUMAN SERVICES, * Dyspnea; Neurological Symptoms;
* Insufficient Proof
Respondent. *
*
* * * * * * * * * * * * * * *
Verne E. Paradie, Jr., Maglio, Paradie Sherman Walker and Worden, Lewiston, ME for
petitioner.
Gordon E. Shemin, U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On November 5, 2013, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program [“the Program”],2 alleging that the influenza
vaccine he received on October 21, 2010 caused him to suffer from Dyspnea and other
neurological symptoms. The information in the record, however, does not support entitlement to
an award under the Program. On January 24, 2014, petitioner moved for a decision dismissing
this petition.
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that petitioner suffered an injury that was actually caused by a vaccine.
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 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.
1

Case 1:13-vv-00880-UNJ Document 47 Filed 11/17/15 Page 2 of 2
See §§ 13(a)(1)(A) and 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 persuasive
evidence indicating that petitioner’s alleged injury was vaccine-caused.
Under the Act, 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 petitioner’s claim, a medical opinion must be offered in support.
Petitioner, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that he suffered a “Table Injury” or that petitioner’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/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00880-1
Date issued/filed: 2015-11-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/27/2015) regarding 44 DECISION Fees Stipulation/Proffer Signed by Special Master Mindy Michaels Roth. (mbl) Copy to parties.
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Case 1:13-vv-00880-UNJ Document 48 Filed 11/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: October 27, 2015)
* * * * * * * * * * * * * * * UNPUBLISHED
SAMUEL GRAY, *
* No. 13-880V
Petitioner, *
*
v. * Special Master Roth
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to
* which Respondent does Not
Respondent. * Object
*
* * * * * * * * * * * * * * *
Verne E. Paradie, Jr., Maglio, Paradie Sherman Walker and Worden, Lewiston, ME for
petitioner.
Gordon E. Shemin, U.S. Dept. of Justice, Washington, DC for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On October 21, 2015, a decision dismissing this case for insufficient proof was entered.
On October 27, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. According to the stipulation, respondent does not object to a total award of attorneys’ fees
and costs in the amount of $10,534.20. In accordance with General Order #9, petitioner incurred
$1,500.00 in out-of-pocket litigation expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
1

Case 1:13-vv-00880-UNJ Document 48 Filed 11/17/15 Page 2 of 2
Accordingly, an award should be made as follows:
1. in the form of a check jointly payable to petitioner and Verne E. Paradie in the
amount of $10,534.20.
2. in the form of a check payable to petitioner in the amount of $1,500.00.
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.2
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2 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