VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00072
Package ID: USCOURTS-cofc-1_14-vv-00072
Petitioner: E.B.
Filed: 2016-07-25
Decided: 2016-10-18
Vaccine: pneumococcal
Vaccination date: 
Condition: pneumonia
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kara and Todd Bilodeau, parents of E.B., a minor, filed a petition for vaccine compensation on July 25, 2016. They alleged that their child suffered pneumonia as a result of receiving pneumococcal, measles-mumps-rubella (MMR), and influenza (flu) vaccines. The Special Master's decision notes that to be eligible for compensation under the National Vaccine Injury Compensation Program, petitioners must demonstrate either that the injury is listed on the Vaccine Injury Table (a "Table Injury") or that the injury was actually caused by a vaccine. The record in this case did not contain evidence of a "Table Injury." Furthermore, the public decision states that the record lacked persuasive evidence indicating that E.B.'s alleged pneumonia was vaccine-caused. The decision emphasized that claims cannot be based solely on the petitioners' assertions; they must be supported by medical records or the opinion of a competent physician. In this instance, the public decision found insufficient medical records and no supporting medical opinion from a physician. Consequently, the petition was dismissed for insufficient proof by Special Master Mindy Michaels Roth on October 18, 2016. Ronald C. Homer, Esq., represented the petitioners, and Ann D. Martin, Esq., represented the respondent.

Theory of causation field:
Petitioners Kara and Todd Bilodeau alleged that their minor child, E.B., suffered pneumonia due to pneumococcal, MMR, and influenza vaccines. The Special Master, Mindy Michaels Roth, dismissed the petition on October 18, 2016, for insufficient proof. To prevail, petitioners needed to prove either a "Table Injury" or that the vaccine actually caused the injury. The public decision found no evidence of a "Table Injury" and no persuasive evidence that the vaccine actually caused the pneumonia. The decision noted the absence of sufficient medical records and any supporting medical opinion from a competent physician, stating that claims cannot be based solely on assertions. Petitioners were represented by Ronald C. Homer, Esq., and the respondent by Ann D. Martin, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00072-0
Date issued/filed: 2016-10-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/25/2016) regarding 65 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:14-vv-00072-UNJ Document 68 Filed 10/18/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-072V
Filed: July 25, 2016
* * * * * * * * * * * * * * * * * * * * * * * * *
KARA BILODEAU, and *
TODD BILODEAU, parents of * Dismissal; Pneumococcal Vaccine;
E.B., a minor, * Measles-Mumps-Rubella (“MMR”)
* Vaccine; Influenza (“Flu”) Vaccine;
Petitioners, * Pneumonia; Insufficient Proof
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioners.
Ann D. Martin, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION1
Roth, Special Master:
On January 27, 2014, petitioners filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program [“the Program”],2 alleging that their child, E.B., suffered
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.

Case 1:14-vv-00072-UNJ Document 68 Filed 10/18/16 Page 2 of 2
pneumonia because of the administration of pneumococcal, measles-mumps-rubella (“MMR”),
and influenza (“flu”) vaccines. The information in the record, however, does not show entitlement
to an award under the Program. On July 25, 2016, petitioners moved for a decision dismissing
this petition.
To receive compensation under the Program, petitioner must prove either 1) that E.B.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of E.B.’s vaccinations, or 2) that E.B. suffered an injury that was actually caused by a
vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any
evidence that E.B. suffered a “Table Injury.” Further, the record does not contain persuasive
evidence indicating that E.B.’s alleged injury was vaccine-caused.
Under the Act, petitioners may not be given a Program award based solely on the
petitioners’ 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 petitioners’ claim, a medical opinion must be offered in support.
Petitioners, however, have 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.B. suffered a “Table Injury” or that E.B.’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