Kelly R. Dyer v. HHS - Pentacel, seizure disorder, staring spells, and developmental regression (2014)

Kelly R. Dyer, as natural mother and guardian for E.D., a minor, filed a petition for vaccine compensation on July 25, 2014.

The petition alleged that the Pentacel, Pneumococcal Conjugate, MMR, Varicella, and Hepatitis A vaccines caused E.D.'s seizure disorder, staring spells, and developmental regression. The Special Master reviewed the record and found insufficient evidence to support the claim for an award under the National Vaccine Injury Compensation Program.

The public decision does not describe the specific dates of vaccination, E.D.'s age at vaccination, or the onset of symptoms. The petitioner was required to prove either a "Table Injury" or that the injury was actually caused by a vaccine.

The record did not contain evidence of a "Table Injury." Furthermore, the public decision states there was no persuasive evidence that E.D.'s alleged injuries were vaccine-caused. To establish causation, the petition needed to be supported by medical records or the opinion of a competent physician.

The public decision notes that the petitioner offered no such opinion to support a finding of entitlement and that insufficient medical records were provided. Consequently, on July 9, 2014, the petitioner moved for a dismissal of the petition.

Special Master Thomas L. Gowen granted the dismissal for insufficient proof on August 18, 2014.

The public decision does not name petitioner's counsel or respondent's counsel in the dismissal decision. However, a subsequent decision on attorneys' fees and costs, issued by Special Master Thomas L.

Gowen on September 4, 2014, names Carol Gallagher, Esq., of Carol L. Gallagher, Esquire, LLC, as petitioner's counsel and Lara Englund, Esq., of the U.S.

Dept. of Justice, as respondent's counsel. In that decision, the parties filed a stipulation for attorneys' fees and costs, with the respondent not objecting to the requested amount of $20,715.88.

The Special Master found the petition was brought in good faith with a reasonable basis and awarded the total $20,715.88 for petitioner's attorney fees and costs, payable jointly to the petitioner and petitioner's counsel.