VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00064
Package ID: USCOURTS-cofc-1_14-vv-00064
Petitioner: Karen Johnson
Filed: 2014-12-09
Decided: 2015-06-05
Vaccine: Hepatitis B
Vaccination date: 2012-06-27
Condition: Multiple Sclerosis (“MS”)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Karen Johnson filed a petition for vaccine compensation on January 24, 2014, alleging that a Hepatitis B vaccination administered on June 27, 2012, caused her to develop Multiple Sclerosis (MS). The petition was filed on behalf of Karen Johnson. The respondent was the Secretary of Health and Human Services. Petitioner's counsel was Anne C. Toale of Maglio Christopher & Toale. Respondent's counsel was Althea W. Davis of the U.S. Department of Justice. Special Master Thomas L. Gowen presided over the case. On December 8, 2014, the petitioner moved for a decision dismissing the petition. In a decision dated December 9, 2014, Special Master Gowen noted that the record did not show entitlement to an award under the National Vaccine Injury Compensation Program. To receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine "actually caused" the injury. The Special Master found no evidence that the petitioner suffered a "Table Injury." Furthermore, the record lacked persuasive evidence that the Hepatitis B vaccine caused the alleged injury. The public decision does not describe the onset of symptoms, specific medical records, or any medical experts consulted by the petitioner. The Special Master stated 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. As there were insufficient medical records and no supporting medical opinion, the petitioner failed to demonstrate entitlement. Consequently, the petition was dismissed for insufficient proof. Subsequently, on May 14, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Gowen issued a decision on May 14, 2015, awarding attorneys' fees and costs. The Special Master found that the petition was brought in good faith and had a reasonable basis. The parties stipulated to an amount of $31,360.00 for attorneys' fees and costs, which the Special Master found to be reasonable and appropriate. The award was a lump sum of $31,360.00, payable jointly to the petitioner, Karen Johnson, and her attorney, Anne Toale, Esq.

Theory of causation field:
Petitioner Karen Johnson alleged that a Hepatitis B vaccination on June 27, 2012, caused her to develop Multiple Sclerosis (MS). The Special Master found no evidence of a "Table Injury" and insufficient evidence to prove the vaccine "actually caused" the alleged injury. The public decision does not describe the specific mechanism of causation, any medical experts, or detailed medical records supporting the claim. The petition was dismissed for insufficient proof. Attorneys' fees and costs totaling $31,360.00 were awarded on May 14, 2015, payable jointly to the petitioner and her attorney, Anne C. Toale, based on a finding that the petition was brought in good faith with a reasonable basis. Special Master Thomas L. Gowen issued both the dismissal decision (December 9, 2014) and the fees decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00064-0
Date issued/filed: 2015-01-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/09/2014) regarding 27 DECISION of Special Master (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00064-UNJ Document 28 Filed 01/12/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-64V
Filed: December 9, 2014
[Not to be published]
* * * * * * * * * * * * * * * * * * * * * * *
KAREN JOHNSON, *
*
Petitioner, * Dismissal; Hep B;
v. * Multiple Sclerosis (“MS”)
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, Sarasota, FL for petitioner.
Althea W. Davis, U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Gowen, Special Master:
On January 24, 2014, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program [“the Program”],2 alleging that a
Hepatitis B vaccination on June 27, 2012 caused her to develop Multiple Sclerosis
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 note (2006)). In accordance with
Vaccine Rule 18(b), petitioner 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,
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 1:14-vv-00064-UNJ Document 28 Filed 01/12/15 Page 2 of 2
(“MS”). Petition at ¶¶ 1, 4. The information in the record, however, does not show
entitlement to an award under the Program. On December 8, 2014, petitioner moved for
a decision dismissing his petition pursuant to Rule 21(a).
To receive compensation under the Program, petitioner must prove either 1) that
she suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—
corresponding to her vaccination, or 2) that she suffered an injury that was actually
caused by the vaccine. 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 caused by the Hepatitis B vaccine.
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 she suffered a “Table Injury” or that her 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
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00064-1
Date issued/filed: 2015-06-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/14/2015) regarding 32 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00064-UNJ Document 35 Filed 06/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-64V
Filed: May 14, 2015
[Not to be published]
* * * * * * * * * * * * * * * * * * * * * * *
KAREN JOHNSON, *
*
Petitioner, * Attorneys’ Fees & Costs; Stipulation
v. *
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, Sarasota, FL for petitioner.
Althea W. Davis, 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 December 9, 2014, dismissing this Petition pursuant to petitioner’s motion to
dismiss filed on December 8, 2014. On May 14, 2015, the parties filed a Stipulation of
Fact concerning attorneys’ fees and costs. Pursuant to General Order #9, petitioner’s
counsel also represented that petitioner incurred no out-of-pocket expenses in this matter.
The parties’ stipulation indicates that respondent does not object to the amended
amount of $31,360.00 that petitioner is requesting for attorneys’ fees and 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
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).
1

Case 1:14-vv-00064-UNJ Document 35 Filed 06/05/15 Page 2 of 2
U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, I hereby award:
 a lump sum of $31,360.00 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Anne Toale, Esq., for petitioner’s
attorneys’ fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L.Gowen
Thomas L. Gowen
Special Master
3 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).
2