VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00050
Package ID: USCOURTS-cofc-1_14-vv-00050
Petitioner: E.D.
Filed: 2014-07-25
Decided: 2014-08-18
Vaccine: Pentacel
Vaccination date: 
Condition: seizure disorder, staring spells, and developmental regression
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Kelly R. Dyer, on behalf of minor E.D., alleged that the Pentacel, Pneumococcal Conjugate, MMR, Varicella, and Hepatitis A vaccines caused seizure disorder, staring spells, and developmental regression. The petition was filed on July 25, 2014. The Special Master found no evidence of a "Table Injury" and insufficient proof that the alleged injuries were vaccine-caused. The public decision does not specify the vaccination dates, E.D.'s age at vaccination, or the onset of symptoms. No expert medical opinion was provided to support causation, and medical records were deemed insufficient. The petition was dismissed for insufficient proof on August 18, 2014, by Special Master Thomas L. Gowen. Petitioner's counsel was Carol Gallagher, Esq., and respondent's counsel was Lara Englund, Esq. A subsequent stipulation for attorneys' fees and costs totaling $20,715.88 was approved on September 4, 2014, finding the petition was brought in good faith with a reasonable basis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00050-0
Date issued/filed: 2014-08-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/25/2014) regarding 24 DECISION of Special Master (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00050-UNJ Document 33 Filed 08/18/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-050V
Filed: July 25, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KELLY R. DYER, Natural Mother and *
Guardian for E.D., a minor, *
* Dismissal Decision; Pentacel; MMR;
Petitioner, * Pneumococcal Conjugate;
v. * Varicella; Hepatitis A; Seizures;
* No expert opinion; Insufficient Proof
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DECISION1
Gowen, Special Master:
On January 23, 2014, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program [“the Program”],2 alleging that the
Pentacel, Pneumococcal Conjugate, MMR, Varicella and Hepatitis A vaccines caused
E.D.’s seizure disorder, staring spells, and developmental regression. The information
in the record, however, does not show entitlement to an award under the Program. On
July 9, 2014, petitioner moved for a decision dismissing this petition.
To receive compensation under the Program, petitioner must prove either 1) that
E.D. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to E.D.’s vaccination, or 2) that E.D. suffered an injury that was actually
caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination of the record
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), petitioners 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.

Case 1:14-vv-00050-UNJ Document 33 Filed 08/18/14 Page 2 of 2
did not uncover any evidence that E.D. suffered a “Table Injury.” Further, the record
does not contain persuasive evidence indicating that E.D.’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 E.D. suffered a “Table Injury” or that E.D.’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/ Thomas L. Gowen
Thomas L. Gowen
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00050-1
Date issued/filed: 2014-09-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/7/2014) regarding 29 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00050-UNJ Document 34 Filed 09/04/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-050V
Filed: August 7, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KELLY R. DYER, Natural Mother and *
Guardian for E.D., a minor, *
* Stipulation; Attorneys’ Fees and Costs
Petitioner, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol Gallagher, Esq., Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Lara Englund, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on July 25, 2014, dismissing this petition. On July 31, 2014, the parties filed
a stipulation for attorneys’ fees and costs. The stipulation indicates that respondent
does not object to the amended amount of $20,715.88 that petitioner is requesting.
Additionally, pursuant to General Order #9, the stipulation notes that petitioner incurred
no personal litigation costs.
I find 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
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 has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:14-vv-00050-UNJ Document 34 Filed 09/04/14 Page 2 of 2
reasonable and appropriate. Accordingly, I hereby award the total $20,715.883 in
the form of a check payable jointly to petitioner and petitioner’s counsel of
record, Carol Gallagher, Esq., for petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).