VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00223
Package ID: USCOURTS-cofc-1_14-vv-00223
Petitioner: James Winward
Filed: 2014-03-24
Decided: 2014-05-09
Vaccine: hepatitis B
Vaccination date: 
Condition: hydrocephalus; cerebral palsy; alloimmune thrombocytopenia; ventriculomegaly; bilateral subdural hematomas; anemia; spastic quadriplegia; and optic atrophy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On March 24, 2014, Cynthia Winward, as legal representative for a minor child, James Winward, filed a petition under the National Childhood Vaccine Injury Act. The petition alleged that the hepatitis B vaccine caused James Winward to develop hydrocephalus, cerebral palsy, alloimmune thrombocytopenia, ventriculomegaly, bilateral subdural hematomas, anemia, spastic quadriplegia, and optic atrophy. During a telephonic status conference on April 10, 2014, the Special Master discussed with counsel the possibility of pursuing a civil action against the treating hospital(s) and the potential for civil remedies to exceed vaccine program awards. The Special Master issued an order outlining the petitioner's choices to proceed or dismiss. On May 9, 2014, during another telephonic status conference, the petitioner made an oral motion to dismiss the case in order to pursue a civil action against the hospital or hospitals that treated her son. The Special Master granted the petitioner's motion and dismissed the case without prejudice. The public decision does not describe the specific dates of vaccination, the child's age at vaccination, the specific onset of symptoms, medical records, diagnostic tests, treatments, or the mechanism of injury. Petitioner's counsel was Erik L. Peterson, and respondent's counsel was Claudia B. Gangi. Special Master Laura D. Millman issued the decision.

Theory of causation field:
The petitioner alleged that the hepatitis B vaccine caused hydrocephalus, cerebral palsy, alloimmune thrombocytopenia, ventriculomegaly, bilateral subdural hematomas, anemia, spastic quadriplegia, and optic atrophy. The petitioner filed a petition on March 24, 2014, but subsequently moved to dismiss the case on May 9, 2014, to pursue a civil action against the treating hospital(s). As a result, no expert medical report was provided to support the allegations of causation, and the public decision does not describe a medical theory connecting the vaccine to the alleged injuries, a logical sequence of cause and effect, or a proximate temporal relationship. The Special Master granted the motion to dismiss. The case was dismissed without prejudice. Special Master Laura D. Millman issued the decision. Petitioner's counsel was Erik L. Peterson, and respondent's counsel was Claudia B. Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00223-0
Date issued/filed: 2014-06-03
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 05/09/2014) regarding 11 DECISION of Special Master Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00223-UNJ Document 12 Filed 06/03/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-223V
May 9, 2014
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CYNTHIA WINWARD, Legal Representative *
of a Minor Child, JAMES WINWARD, *
*
Petitioner, *
*
v. * Hepatitis B vaccine;
* hydrocephalus; cerebral
* palsy; alloimmune
SECRETARY OF HEALTH * thrombocytopenia; factor
AND HUMAN SERVICES, * XIII deficiency; motion to
* dismiss in order to sue civilly
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Erik L. Peterson, Washington, DC, for petitioner.
Claudia B. Gangi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
Petitioner filed a petition on March 24, 2014, under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006). Petitioner alleges that hepatitis B vaccine caused
her son’s hydrocephalus, cerebral palsy, alloimmune thrombocytopenia, ventriculomegaly,
bilateral subdural hematomas, anemia, spastic quadriplegia, and optic atrophy. Pet. ¶ 21.
1 Because this decision contains a reasoned explanation for the special master’s action in this case, the
special master intends to post this decision on the United States Court of Federal Claims’s website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document’s disclosure. If the special master, upon review, agrees that the
identified material fits within the categories listed above, the special master shall redact such material
from public access.

Case 1:14-vv-00223-UNJ Document 12 Filed 06/03/14 Page 2 of 3
During the first telephonic status conference on April 10, 2014, the undersigned
discussed with counsel the issue of whether or not the hospital or hospitals that treated
petitioner’s son had given him appropriate treatment and whether petitioner would consider
moving to dismiss her petition to pursue a civil action. Civil remedies might exceed the award
petitioner would receive under the Vaccine Program, assuming petitioner prevailed in this action.
The undersigned issued an Order on April 10, 2014 delineating petitioner’s choices to proceed or
to dismiss.
On May 9, 2014, the undersigned held another telephonic status conference during which
petitioner made an oral motion to dismiss so that she could pursue a civil action against the
hospital or hospitals that treated her son.
The undersigned GRANTS petitioner’s motion and DISMISSES this case.
DISCUSSION
To satisfy her burden of proving causation in fact, petitioner must prove by preponderant
evidence: “(1) a medical theory causally connecting the vaccination and the injury; (2) a logical
sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a
showing of a proximate temporal relationship between vaccination and injury.” Althen v. Sec’y
of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). In Althen, the Federal Circuit quoted its opinion
in Grant v. Secretary of Health and Human Services, 956 F.2d 1144, 1148 (Fed. Cir. 1992):
A persuasive medical theory is demonstrated by “proof of a logical
sequence of cause and effect showing that the vaccination was the
reason for the injury[,]” the logical sequence being supported by
“reputable medical or scientific explanation[,]” i.e., “evidence in
the form of scientific studies or expert medical testimony[.]”
Althen, 418 F.3d at 1278.
Without more, “evidence showing an absence of other causes does not meet petitioner’s
affirmative duty to show actual or legal causation.” Grant, 956 F.2d at 1149. Mere temporal
association is not sufficient to prove causation in fact. Id. at 1148.
The Vaccine Act does not permit the undersigned to rule for petitioner based on her
claims alone, “unsubstantiated by medical records or by medical opinion.” 42 U.S.C. § 300aa-
13(a)(1) (2006).
Petitioner intends to pursue her option to sue civilly the hospital or hospitals that treated
her son and moves to dismiss the petition in order to do so. Since that is her intent, petitioner has
not provided an expert medical report in support of her allegations.
The undersigned GRANTS her motion. This petition is hereby DISMISSED.
2

Case 1:14-vv-00223-UNJ Document 12 Filed 06/03/14 Page 3 of 3
CONCLUSION
This petition is DISMISSED. In the absence of a motion for review filed pursuant to
RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: May 9, 2014 s/Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
3