Alfred Zacchia v. HHS - Td/Tetanus, Acquired Factor VIII Deficiency (2014)

Alfred Zacchia filed a petition on June 9, 2014, alleging that he suffered from Acquired Factor VIII Deficiency, which he claimed was caused by a Tetanus vaccine received on August 2, 2011. The petition was filed under the National Childhood Vaccine Injury Act of 1986.

On October 3, 2014, Special Master Lisa Hamilton-Fieldman issued a decision dismissing the petition. The Special Master found that the record did not contain sufficient proof of causation.

Petitioner had indicated in a motion for dismissal that he would be unable to prove entitlement to compensation. The Special Master noted that to receive compensation, Petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine.

The record did not show a "Table Injury," nor did it contain a medical expert's opinion or other persuasive evidence indicating the injury was vaccine-caused. The Special Master stated that compensation cannot be awarded based solely on the petitioner's claims; the petition must be supported by medical records or a competent physician's opinion, neither of which was sufficiently provided.

Therefore, the petition was denied for insufficient proof. Subsequently, on December 5, 2014, Special Master Hamilton-Fieldman issued a decision regarding attorneys' fees and costs.

The parties had filed a stipulation for attorneys' fees and costs totaling $14,526.62. The Special Master found that the petition was brought in good faith and with a reasonable basis, making an award for fees and costs appropriate under the Vaccine Act.

The proposed amount was deemed reasonable. The Special Master awarded $14,526.62, payable by check to both Alfred Zacchia and his counsel, Thomas P.

Gallagher. Judgment was to be entered in accordance with the stipulation.