VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00124
Package ID: USCOURTS-cofc-1_14-vv-00124
Petitioner: Susan Zalewski
Filed: 2014-02-12
Decided: 2015-06-08
Vaccine: tetanus toxoid-diphtheria
Vaccination date: 2012-08-23
Condition: neuropathy
Outcome: dismissed
Award amount USD: 17974

AI-assisted case summary:
Susan Zalewski filed a petition on February 12, 2014, alleging she suffered from neuropathy as a result of a tetanus toxoid-diphtheria vaccine received on August 23, 2012. The respondent was the Secretary of Health and Human Services. Petitioner's counsel investigated the facts and science supporting the case and determined that they would be unable to prove entitlement to compensation. Consequently, Petitioner filed a motion to dismiss her petition, stating that the investigation demonstrated she could not prove entitlement. The Special Master, Lisa Hamilton-Fieldman, reviewed the case and found that the record did not contain evidence of a Table Injury or a medical expert's opinion to establish causation. The public decision does not describe the onset or specific symptoms of the alleged neuropathy, nor does it mention any medical records or treatments. As compensation requires proof of a Table Injury or a vaccine-caused injury supported by medical records or a physician's opinion, and neither was present, the petition was dismissed for insufficient proof on April 3, 2015. Subsequently, on June 8, 2015, Special Master Hamilton-Fieldman awarded Petitioner's attorneys $17,974.48 in fees and costs based on a stipulation of facts. This award was made because the case was brought in good faith and had a reasonable basis. The award was broken down as $6,474.48 jointly payable to Petitioner and Petitioner's attorney, Paul Brazil, Esq., for attorneys' fees and costs, and $11,500.00 jointly payable to Petitioner and Thomas Gallagher, Esq., LLC, for attorneys' fees and costs.

Theory of causation field:
Petitioner Susan Zalewski alleged neuropathy resulting from a tetanus toxoid-diphtheria vaccine administered on August 23, 2012. The petition was filed on February 12, 2014. Petitioner later moved for dismissal, stating counsel determined she could not prove entitlement due to insufficient facts and science. The Special Master, Lisa Hamilton-Fieldman, dismissed the petition for insufficient proof on April 3, 2015, finding no evidence of a Table Injury and no medical expert opinion or other persuasive evidence to establish causation. The public decision does not specify the mechanism of injury or name any experts. On June 8, 2015, Special Master Hamilton-Fieldman awarded attorneys' fees and costs totaling $17,974.48, jointly payable to Petitioner and her counsel (Paul R. Brazil and Thomas Gallagher, Esq., LLC), based on a stipulation that the case was brought in good faith with a reasonable basis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00124-0
Date issued/filed: 2015-05-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/03/2015) regarding 27 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00124-UNJ Document 28 Filed 05/07/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-124V
Filed: April 3, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
SUSAN ZALEWSKI, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Petitioner’s Motion for Dismissal
* Decision; Neuropathy; Tetanus
SECRETARY OF HEALTH * Toxoid-Diphtheria Vaccine.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 12, 2014, Susan Zalewski (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that she suffered from a neuropathy as a result of a tetanus
toxoid-diphtheria vaccine received on August 23, 2012. Petition (“Pet”) at 1-2. The undersigned
now finds that the information in the record does not show entitlement to an award under the
Program.
On April 2, 2015, Petitioner filed a Motion for a Decision Dismissing Her Petition.
Motion, ECF No. 26. According to the motion, “[a]n investigation of the facts and science
supporting her case have demonstrated to [P]etitioner that she will be unable to prove that she is
entitled to compensation in the Vaccine Program.” Motion at 1. Petitioner further states that she
have been advised by counsel that a dismissal decision will result in a judgment against her, and
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 1:14-vv-00124-UNJ Document 28 Filed 05/07/15 Page 2 of 2
that such a judgment will end all of her rights in the Vaccine Program. Id.
To receive compensation under the Vaccine Act, Petitioner must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of her vaccinations, or 2) that she 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 she suffered a “Table Injury.” Further, the record does not contain a medical
expert’s opinion or any other persuasive evidence indicating that her injuries were caused by a
vaccination.
Under the Vaccine Act, a petitioner may not be awarded compensation 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. § 300aa-13(a)(1). In this case, because the medical
records are insufficient to establish entitlement to compensation, a medical opinion must be
offered in support. Petitioner, however, has offered no such opinion.
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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00124-1
Date issued/filed: 2015-06-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/15/2015) regarding 31 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00124-UNJ Document 34 Filed 06/08/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-124V
Filed: May 15, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
SUSAN ZALEWSKI, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable Amount
* Requested to which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 12, 2014, Susan Zalewski (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that she
suffered from a neuropathy as a result of a tetanus toxoid-diphtheria vaccine administered to her on
August 23, 2012. Petition (“Pet”) at 1-2.
The undersigned issued a decision on April 3, 2014, dismissing the case for insufficient proof.
On May 14, 2015, Petitioner filed a Stipulation of Facts Concerning Final Attorneys’ Fees and Costs.
Stipulation, ECF No. 30. Pursuant to their Stipulation, the parties have agreed to an award of $17,974.48
in attorneys’ fees and costs. Id. In accordance with General Order Number 9, Petitioner’s counsel
represented that Petitioner did not personally incur any expenses in pursuit of this claim. Id.
The undersigned finds 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 reasonable and appropriate.
1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule
18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to
the public. Id.
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual
sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00124-UNJ Document 34 Filed 06/08/15 Page 2 of 2
Accordingly, the undersigned hereby awards the following amounts:
a. $6,474.48, jointly payable to Petitioner and Petitioner’s attorney, Paul Brazil, Esq., for
attorneys’ fees and costs; and
b. $11,500.00, jointly payable to Petitioner and Thomas Gallagher, Esq., LLC, for
attorneys’ fees and costs.
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.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 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