VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00943
Package ID: USCOURTS-cofc-1_13-vv-00943
Petitioner: Raul Torres, Sr.
Filed: 2013-11-27
Decided: 2014-10-02
Vaccine: influenza
Vaccination date: 2010-12-01
Condition: chronic inflammatory demyelinating polyneuropathy (“CIDP”), Guillian-Barré syndrome (“GBS”), and death
Outcome: dismissed
Award amount USD: 4000

AI-assisted case summary:
Raul Torres, Sr. received an influenza vaccine on December 1, 2010. His son, Raul Torres, Jr., filed a petition on behalf of his estate, alleging that the vaccine caused Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), Guillain-Barré Syndrome (GBS), and death. The petition was filed on November 27, 2013. During a status conference on May 20, 2014, the petitioner's counsel orally moved for dismissal, stating the possibility of refiling as a civil suit. The court noted that to receive compensation, the petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence of causation. The court also found that the petition was not supported by medical records or a physician's opinion, as required by the Vaccine Act. Consequently, the petition was dismissed for insufficient proof on May 27, 2014. Subsequently, on September 10, 2014, the parties filed a stipulation for attorneys' fees and costs. Respondent did not object to an award of $4,000.00. The Special Master granted this motion, awarding $4,000.00 in attorneys' fees and costs, jointly payable to the petitioner and his counsel. The final decision on attorneys' fees and costs was issued on October 2, 2014.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00943-0
Date issued/filed: 2014-06-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/27/2014) regarding 13 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00943-UNJ Document 14 Filed 06/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-943V
Filed: May 27, 2014
* * * * * * * * * * * * * * * * * * * * * * * * *
RAUL TORRES, JR., on behalf of * UNPUBLISHED
the estate of RAUL TORRES, SR., *
* Special Master Dorsey
Petitioner, *
*
v. * Petitioner’s Oral Motion to Dismiss;
* Insufficient Proof of Causation;
SECRETARY OF HEALTH * Vaccine Act Entitlement; Influenza
AND HUMAN SERVICES, * (Flu) Vaccine; Chronic
* Inflammatory Demyelinating
Respondent. * Polyneuropathy (“CIDP”); Guillain-
* Barré Syndrome (“GBS); Death.
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael Adly Baseluos, Baseluos Law Firm, San Antonio, TX, for Petitioner.
Ryan Pyles, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On November 27, 2013, Raul Torres, Jr., (“petitioner”) filed a petition on behalf of the
Estate of Raul Torres, Sr., pursuant to the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that, as a result of receiving
an influenza (“flu”) vaccine on December 1, 2010, Raul Torres, Sr., suffered from chronic
inflammatory demyelinating polyneuropathy (“CIDP”), Guillian-Barré syndrome (“GBS”), and
death.
During a status conference on May 20, 2014, petitioner’s counsel moved orally for
dismissal of the case. Petitioner’s counsel stated that petitioner may re-file this case as a civil
suit.
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-00943-UNJ Document 14 Filed 06/24/14 Page 2 of 2
To receive compensation under the Vaccine Act, petitioner must prove either 1) that Raul
Torres, Sr. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to his vaccination, or 2) that Mr. Torres, Sr. 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 Mr. Torres, Sr. suffered a “Table Injury.” Further, the
record does not contain a medical expert’s opinion or any other persuasive evidence indicating
that Mr. Torres, Sr.’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. 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, petitioner has not filed any
medical records or any opinion of a competent physician.
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/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00943-1
Date issued/filed: 2014-10-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/11/2014) regarding 19 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00943-UNJ Document 23 Filed 10/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 11, 2014
* * * * * * * * * * * * * *
RAUL TORRES, JR., on behalf of the * UNPUBLISHED
Estate of RAUL TORRES, SR., *
*
* No. 13-943V
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does Not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Michael Adly Baseluos, Baseluos Law Firm, San Antonio, TX, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On November 27, 2013 (“petitioner”), filed a petition on behalf of the Estate of Raul
Torres, Sr., pursuant to the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-
1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that, as a result of receiving an influenza
(“flu”) vaccine on December 1, 2010, Raul Torres, Sr., suffered from chronic inflammatory
demyelinating polyneuropathy (“CIDP”), Guillian-Barré syndrome (“GBS”), and death. On
May 27, 2014, this case was dismissed for insufficient proof.
On September 10, 2014, 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 $4,000.00. In accordance with General Order #9,
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-00943-UNJ Document 23 Filed 10/02/14 Page 2 of 2
petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses in pursuing this
petition.
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.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and petitioner’s counsel, Michael
Baseluos of the Baselsos Law Firm in the amount of $4,000.00.
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/Nora Beth Dorsey
Nora Beth Dorsey
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