VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00520
Package ID: USCOURTS-cofc-1_14-vv-00520
Petitioner: A.E.
Filed: 2014-06-19
Decided: 2015-08-03
Vaccine: Haemophilus influenzae type B (Hib), DTaP, Rotavirus (Rotateq), Prevnar, Hepatitis B (Hep B), Inactivated Polio (IPV)
Vaccination date: 2013-07-25
Condition: anal abscess; intussusception
Outcome: dismissed
Award amount USD: 0

AI-assisted case summary:
On June 19, 2014, Clarissa Gibbs and Derrick Eggleston, as parents and legal representatives for their minor son A.E., filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. They alleged that the administration of six vaccines on July 25, 2013—Haemophilus influenzae type B (Hib), DTaP, Rotavirus (Rotateq), Prevnar, Hepatitis B (Hep B), and Inactivated Polio (IPV)—caused A.E. to suffer from an anal abscess and intussusception. The petition was filed by Petitioner counsel Michael G. McLaren. Respondent counsel was Darryl Wishard. On July 9, 2015, the Petitioners filed a motion to dismiss their petition, stating they were unable to secure sufficient and/or persuasive evidence to prove entitlement to compensation. Special Master Lisa Hamilton-Fieldman noted that to receive compensation, Petitioners must prove either a "Table Injury" corresponding to one of the vaccinations or that the vaccine actually caused the injury, supported by medical records or a physician's opinion. The public decision does not describe the specific onset of symptoms, medical records, or expert opinions presented. As no evidence was presented to establish entitlement, the Special Master denied the petition and dismissed the case for insufficient proof on August 3, 2015. Subsequently, on August 17, 2015, the parties filed a stipulation regarding attorneys' fees and costs. The Special Master found the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount of $29,000.00 for fees and costs, payable jointly to Petitioners and Petitioners' counsel, Michael McLaren, on September 9, 2015.

Theory of causation field:
Petitioners alleged that the administration of Haemophilus influenzae type B (Hib), DTaP, Rotavirus (Rotateq), Prevnar, Hepatitis B (Hep B), and Inactivated Polio (IPV) vaccines on July 25, 2013, caused minor A.E. to suffer from an anal abscess and intussusception. The petition was dismissed for insufficient proof because Petitioners were unable to secure sufficient evidence to prove entitlement to compensation. The Special Master found no evidence of a "Table Injury" and no medical expert's opinion or other persuasive evidence indicating the injuries were caused by a vaccination. The public decision does not describe the specific mechanism of causation or name any medical experts. The case was dismissed by Special Master Lisa Hamilton-Fieldman on August 3, 2015. Petitioners' counsel was Michael G. McLaren, and Respondent counsel was Darryl Wishard. A subsequent stipulation awarded $29,000.00 in attorneys' fees and costs on September 9, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00520-0
Date issued/filed: 2015-08-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/10/2015) regarding 27 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00520-UNJ Document 31 Filed 08/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-520V
Filed: July 10, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
A.E., a minor, by his parents, *
CLARISSA GIBBS and * Special Master Hamilton-Fieldman
DERRICK EGGLESTON, *
* Petitioners’ Motion for a Dismissal
Petitioners, * Decision; Haemophilus influenzae
* type B (“Hib”) Vaccine; Diphtheria
v. * Tetanus acellular Pertussis (“DTaP”)
* Vaccine; Rotavirus (“Rotateq”)
SECRETARY OF HEALTH * Vaccine; Prevnar Vaccine; Hepatitis
AND HUMAN SERVICES, * B (“Hep B”) Vaccine; Inactivated
* Polio Vaccine (“IPV”); Anal
Respondent. * Abscess; Intussusception (“IS”).
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN, for
Petitioner.
Darryl Wishard, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On June 19, 2014, Clarissa Gibbs and Derrick Eggleston (“Petitioners”) filed a petition
for compensation on behalf of their son, A.E., under the National Childhood Vaccine Injury Act
of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioners alleged that the
administration of Haemophilus influenzae type B (“Hib”), Diptheria Tetanus acellular Pertussis
(“DTaP”), Rotavirus (“Rotateq”), Prevnar, Hepatitis B (“Hep B”), and Inactivated Polio (“IPV”)
Vaccines on July 25, 2013 caused A.E. to suffer from physical impairments and intussusception
(“IS”). The undersigned now finds that the information in the record does not show entitlement
to an award under the Program.
On July 9, 2015, Petitioners filed a Motion for Decision Dismissing their Petition.
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-00520-UNJ Document 31 Filed 08/03/15 Page 2 of 2
According to the motion, “Petitioners have been unable to secure sufficient and/or persuasive
evidence to prove entitlement to compensation in the Vaccine Program.” Petitioners have been
advised that a dismissal decision will result in a judgment against them, and that such a judgment
will end all of their rights in the Vaccine Program.
To receive compensation under the Vaccine Act, Petitioners must prove either 1) that
A.E. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of his vaccinations, or 2) that A.E. 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 A.E. 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. Petitioners, however, have 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00520-1
Date issued/filed: 2015-09-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/17/2015) regarding 33 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. (tjk).
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Case 1:14-vv-00520-UNJ Document 36 Filed 09/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-520V
Filed: August 17, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
A.E., a minor, by his parents, *
CLARISSA GIBBS and * Special Master Hamilton-Fieldman
DERRICK EGGLESTON, *
*
Petitioners, * Attorneys’ Fees and Costs;
* Reasonable Amount Requested to
v. * which Respondent Does Not Object.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN, for
Petitioners.
Darryl Wishard, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On June 19, 2014, Clarissa Gibbs and Derrick Eggleston (“Petitioners”) filed a petition
for compensation on behalf of their son, A.E., under the National Childhood Vaccine Injury Act
of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioners alleged that the
administration of Haemophilus influenzae type B (“Hib”), Diptheria Tetanus acellular Pertussis
(“DTaP”), Rotavirus (“Rotateq”), Prevnar, Hepatitis B (“Hep B”), and Inactivated Polio (“IPV”)
Vaccines on July 25, 2013 caused A.E. to suffer from physical impairments and intussusception
(“IS”). On July 10, 2015, the undersigned issued a decision dismissing the petition.
On August 17, 2015, the parties filed a Stipulation of Facts Regarding Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $29,000.00 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-00520-UNJ Document 36 Filed 09/09/15 Page 2 of 2
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioners represent that
they have not personally incurred any costs in pursuit of their claim.
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. Accordingly, the undersigned hereby awards the amount of $29,000.00, in the
form of a check made payable jointly to Petitioners and Petitioners’ counsel, Michael
McLaren.
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.2
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 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