VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00493
Package ID: USCOURTS-cofc-1_14-vv-00493
Petitioner: Alfred Zacchia
Filed: 2014-06-09
Decided: 2014-12-29
Vaccine: Tetanus
Vaccination date: 2011-08-02
Condition: Acquired Factor VIII Deficiency
Outcome: compensated
Award amount USD: 14526

AI-assisted case summary:
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 29, 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.

Theory of causation field:
Petitioner Alfred Zacchia alleged that a Tetanus vaccine received on August 2, 2011, caused Acquired Factor VIII Deficiency. The public decision does not describe the onset or specific symptoms of the alleged injury, nor does it detail any medical records, tests, or treatments. The theory of causation was not established because Petitioner was unable to prove entitlement to compensation. Specifically, Petitioner could not demonstrate a "Table Injury" or provide persuasive evidence, such as a medical expert's opinion, that the vaccine actually caused the Acquired Factor VIII Deficiency. The petition was dismissed for insufficient proof of causation. On December 29, 2014, Special Master Lisa Hamilton-Fieldman awarded $14,526.62 for attorneys' fees and costs based on a stipulation between the parties, finding the petition was brought in good faith with a reasonable basis. Petitioner's counsel was Thomas P. Gallagher, and Respondent's counsel was Lindsay Corliss.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00493-0
Date issued/filed: 2014-10-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/03/2014) regarding 15 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:14-vv-00493-UNJ Document 19 Filed 10/23/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-493
Filed: October 3, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
ALFRED ZACCHIA, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Petitioner’s Motion for Dismissal
* Decision; Insufficient Proof of
SECRETARY OF HEALTH * Causation; Vaccine Act Entitlement;
AND HUMAN SERVICES, * Tetanus Vaccine; Acquired Factor
* VII Deficiency.
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Thomas P. Gallagher, Thomas P. Gallagher, LLC, Somers Point, NJ, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On June 9, 2014, Alfred Zacchia (“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 he suffered from Acquired Factor VIII Deficiency, and
that this injury had been caused by Tetanus vaccine he received on August 2, 2011. 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 October 1, 2014, Petitioner filed a Motion for a Dismissal Decision. In his Motion,
Petitioner indicates that after a thorough review of the records, “he will be unable to prove that
he is entitled to compensation in the Vaccine Program.” Motion, ECF No.14. Petitioner further
states that he has been advised by his counsel that a decision dismissing his petition will result in
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-00493-UNJ Document 19 Filed 10/23/14 Page 2 of 2
a judgment against him and will end all of his rights in the Vaccine Program. Motion, ECF No.
14.
To receive compensation under the Vaccine Act, Petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of her vaccinations, or 2) that he 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 he suffered a “Table Injury.” Further, the record does not contain a medical
expert’s opinion or any other persuasive evidence indicating that his 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-00493-1
Date issued/filed: 2014-12-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/05/2014) regarding 21 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:14-vv-00493-UNJ Document 25 Filed 12/29/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-493V
Filed: December 5, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
ALFRED ZACCHIA, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested
SECRETARY OF HEALTH * to Which Respondent Does Not
AND HUMAN SERVICES, * Object.
*
Respondent. *
* * * * * * * * * * * * * * * *
Thomas P. Gallagher, Somers Point, NJ, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 9, 2014, Alfred Zacchia (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”).
Petitioner alleged that he suffered from Acquired Factor VIII Deficiency and that this injury had
been caused by the Tetanus vaccine he received on August 2, 2011. Petition (“Pet”) at 1. On
October 3, 2014, the undersigned issued a decision dismissing the case for insufficient proof.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
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-00493-UNJ Document 25 Filed 12/29/14 Page 2 of 2
On December 4, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. This stipulation requests a total payment of $14,526.62, representing total attorneys’
fees and costs. In compliance with General Order #9, Petitioner represents that no personal, out-
of-pocket expenses were incurred in proceeding on the petition.
The undersigned finds that the 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. Accordingly, the undersigned hereby awards the amount of $14,526.62, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Thomas P.
Gallagher, Esq.
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.
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2