VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00583
Package ID: USCOURTS-cofc-1_14-vv-00583
Petitioner: N.M.M.B.
Filed: 2014-07-10
Decided: 2015-08-24
Vaccine: Hepatitis B
Vaccination date: 2011-07-11
Condition: seizures
Outcome: dismissed
Award amount USD: 15702

AI-assisted case summary:
On July 10, 2014, Michele Pond Byars and David Brian Byars, as parents and next friends, filed a petition on behalf of their minor son, N.M.M.B., under the National Childhood Vaccine Injury Act. They alleged that a Hepatitis B vaccine administered on July 11, 2011, and Varicella, Hepatitis A, and Influenza vaccines given on November 1, 2011, caused N.M.M.B. to suffer from seizures. On May 26, 2015, the Petitioners filed a motion to dismiss their own petition, stating that an investigation revealed they would be unable to prove entitlement to compensation under the Act. They understood that a dismissal would result in a judgment against them and end their rights in the program. The Special Master noted that to receive compensation, petitioners must prove either a Table injury or that the vaccine actually caused the injury. The public decision does not describe the onset or symptoms of the alleged seizures, nor does it detail any specific medical records, tests, or treatments. The record lacked evidence of a Table injury and did not contain a medical expert's opinion or other persuasive evidence of causation. Because the medical records were insufficient and no expert opinion was offered, the petition was dismissed for insufficient proof by Special Master Lisa Hamilton-Fieldman. Subsequently, on August 2, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $15,702.94. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, making the award appropriate. Judgment was entered accordingly.

Theory of causation field:
Petitioners alleged that Hepatitis B vaccine administered on July 11, 2011, and Varicella, Hepatitis A, and Influenza vaccines administered on November 1, 2011, caused N.M.M.B. to suffer from seizures. The petition was dismissed for insufficient proof. The public decision does not describe the specific theory of causation, mechanism of injury, or any expert testimony. Petitioners moved to dismiss their own petition, stating they could not prove entitlement to compensation. The Special Master found no evidence of a Table injury and no medical expert opinion or other persuasive evidence of causation. The medical records were deemed insufficient. The outcome was dismissal. Attorneys for Petitioners were M. Clay Ragsdale of Ragsdale LLC, and for Respondent was Lara Englund of the United States Department of Justice. Special Master Lisa Hamilton-Fieldman issued the decision on May 27, 2015, dismissing the petition, and a subsequent decision on August 24, 2015, awarding $15,702.94 in attorneys' fees and costs based on a stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00583-0
Date issued/filed: 2015-06-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/27/2015) regarding 23 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00583-UNJ Document 24 Filed 06/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-583V
Filed: May 27, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
MICHELE POND BYARS and DAVID *
BRIAN BYARS, as parents and next *
friends, on behalf of N.M.M.B, a minor, *
* Special Master Hamilton-Fieldman
Petitioners, *
*
v. * Petitioners’ Motion for Dismissal
* Decision; Hepatitis B (“Hep B”)
SECRETARY OF HEALTH * Vaccine; Varicella Vaccine;
AND HUMAN SERVICES, * Hepatitis A (“Hep A”) Vaccine;
* Influenza (“Flu”) Vaccine; Seizures.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
M. Clay Ragsdale, Ragsdale LLC, Birmingham, Alabama, for Petitioners.
Lara Englund, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 10, 2014, Michele Pond Byars and David Brian Byars (“Petitioners”) filed a
petition for compensation on behalf of their son, N.M.M.B., 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 a Hepatitis B (“Hep B”) vaccine on July 11, 2011, and of
Varicella, Hepatitis A (“Hep A”), and Influenza (“flu”) vaccines on November 1, 2011, caused
N.M.M.B. to suffer from seizures. The undersigned now finds that the information in the record
does not show entitlement to an award under the Program.
On May 26, 2015, Petitioners filed a Motion for a Decision Dismissing their Petition.
According to the motion, “[a]n investigation of the facts and science supporting the case has
demonstrated to Petitioners that they will be unable to prove that N.M.M.B. is entitled to
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-00583-UNJ Document 24 Filed 06/18/15 Page 2 of 2
compensation in the Vaccine Program.” Petitioners further state that they understand 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
N.M.M.B. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of his 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 N.M.M.B. 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00583-1
Date issued/filed: 2015-08-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/3/2015) regarding 27 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00583-UNJ Document 30 Filed 08/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-583V
Filed: August 3, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
MICHELE POND BYARS and DAVID *
BRIAN BYARS, as parents and next friends, *
on behalf of N.M.M.B., a minor, *
* Special Master Hamilton-Fieldman
Petitioners, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
M. Clay Ragsdale, Ragsdale LLC, Birmingham, Alabama, for Petitioners.
Lara Englund, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 10, 2014, Michele Pond Byars and David Brian Byars (“Petitioners”) filed a
petition for compensation on behalf of their son, N.M.M.B., 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 a Hepatitis B (“Hep B”) vaccine on July 11, 2011, and of
Varicella, Hepatitis A (“Hep A”), and Influenza (“flu”) vaccines on November 1, 2011, caused
N.M.M.B. to suffer from seizures. On May 27, 2015, the undersigned issued a decision
dismissing the petition.
On August 2, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. Pursuant to their Stipulation, the parties have agreed to an award of $15,702.94 in
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).
1

Case 1:14-vv-00583-UNJ Document 30 Filed 08/24/15 Page 2 of 2
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioners represent that
they have not incurred any out-of-pocket litigation costs in pursuit of her 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 $15,702.94, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, M. Clay
Ragsdale, of the law firm of Ragsdale LLC.
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 Hamilton-Fieldman
Lisa 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