VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00593
Package ID: USCOURTS-cofc-1_14-vv-00593
Petitioner: T.A.N.
Filed: 2014-07-11
Decided: 2015-10-26
Vaccine: DTaP
Vaccination date: 2011-08-19
Condition: seizures with resulting sequelae including right-sided weakness and vision loss in the right eye
Outcome: compensated
Award amount USD: 14504

AI-assisted case summary:
On July 11, 2014, Truong Nguyen filed a petition on behalf of his minor son, T.A.N., alleging that a diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), Hepatitis B, haemophilus influenzae type b, rotavirus, and/or a pneumococcal conjugate vaccine administered on August 19, 2011, caused T.A.N. to suffer seizures with resulting sequelae, including right-sided weakness and vision loss in the right eye. The initial petition lacked required medical records, which were later submitted. The respondent argued that the petitioner failed to demonstrate entitlement to compensation, either as a Table injury or through causation-in-fact. Petitioner's expert, Dr. Ryan J. Felling, concluded that aside from the temporal association with the vaccines, there was no additional evidence to support a causal relationship. Consequently, the petitioner moved for a decision on the record, stating the case had ceased to have a reasonable basis to proceed. Special Master Christian J. Moran denied compensation due to insufficient proof of causation, finding that the petitioner failed to prove either a "Table Injury" or that the injuries were "actually caused" by a vaccination. The public decision does not describe the onset or specific symptoms of the seizures, nor does it detail any medical treatments received by T.A.N. The respondent was represented by Ryan Daniel Pyles of the United States Department of Justice. Petitioner's counsel was Anne C. Toale of Maglio Christopher and Toale. Subsequently, on October 26, 2015, Special Master Christian J. Moran awarded attorneys' fees and costs totaling $14,504.89, finding that the petitioner's counsel acted in good faith and had a reasonable basis for proceeding with the claim, even though compensation was ultimately denied. The award was a lump sum made payable to the petitioner and petitioner's attorney, Anne Toale.

Theory of causation field:
Petitioner alleged that a DTaP, IPV, Hepatitis B, haemophilus influenzae type b, rotavirus, and/or pneumococcal conjugate vaccine administered on August 19, 2011, caused T.A.N. to suffer seizures with resulting sequelae including right-sided weakness and vision loss. The Special Master found insufficient proof of causation. Petitioner's expert, Dr. Ryan J. Felling, stated that aside from temporal association, there was no additional evidence to support a causal relationship. The Special Master determined that the case did not meet the criteria for a "Table Injury" and that petitioner failed to prove causation-in-fact. Compensation was denied. Petitioner's counsel, Anne C. Toale, was awarded attorneys' fees and costs of $14,504.89 on October 26, 2015, as the petition was brought in good faith with a reasonable basis, despite the denial of compensation. Special Master Christian J. Moran issued the decisions. Respondent counsel was Ryan Daniel Pyles.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00593-0
Date issued/filed: 2015-06-03
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 5/6/2015) regarding 34 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00593-UNJ Document 35 Filed 06/03/15 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
TRUONG NGUYEN as parent and * No. 14-593V
natural guardian of T.A.N., * Special Master Christian J. Moran
a minor child, *
* Filed: May 6, 2015
Petitioner, *
* Decision on the record; insufficient
v. * proof of causation; diphtheria-tetanus-
* acellular pertussis (DTaP); inactivated
SECRETARY OF HEALTH * poliovirus (IPV); Hepatitis B;
AND HUMAN SERVICES, * haemophilus influenzae type b;
* rotavirus; pneumococcal conjugate;
Respondent, * seizures; right-sided weakness;
* vision loss.
* * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner;
Ryan Daniel Pyles, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION 1
OnJuly 11, 2014, Truong Nguyen filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 through 34 (2012), on
behalf of his minor son, T.A.N. In his petition. Mr. Nguyen alleged that that a
diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV),
Hepatitis B, haemophilus influenzae type b, rotavirus, and/or a pneumococcal
conjugate vaccine administered to T.A.N. on August 19, 2011, caused T.A.N. to
suffer seizures with resulting sequelae including right-sided weakness and vision
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913
(Dec. 17, 2002), requires that the Court post this ruling on its website. Pursuant to
Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the
website.

Case 1:14-vv-00593-UNJ Document 35 Filed 06/03/15 Page 2 of 3
loss in the right eye. The information in the record, however, does not show
entitlement to an award under the Program.
I. Procedural History
Mr. Nguyen’s July 11, 2014 petition did not include medical records as
required by 42 U.S.C. § 300aa—11(c). Following an extension of time, Mr.
Nguyen filed medical records (exhibits 1-5, 7-18) and his affidavit (exhibit 6) in
support of his claim on October 17, 2014. On this same date, Mr. Nguyen filed for
authorization of subpoena for additional records from New York Presbyterian and
Arnold Palmer Hospitals.
Mr. Nguyen filed the records from New York Presbyterian on December 29,
2014 (exhibits 19-22). A status conference was held on January 7, 2017, to discuss
Mr. Nguyen’s progress subpoenaing records from Arnold Palmer Hospital. During
this conference, Mr. Nguyen reported that he planned to file an action in local
court to enforce the subpoena served on the hospital for records.
Mr. Nguyen filed the remaining records from Arnold Palmer Hospital
(exhibits 23-26) and a statement of completion on January 26, 2015. Due to the
volume of T.A.N.’s medical records, respondent requested additional time to
review them. Resp’t’s Rep., filed Feb 25, 2015.
Respondent filed her Rule 4(c) report on March 23, 2015. In her report,
respondent concluded that petitioner failed to fulfill the criteria for a Vaccine Table
injury and failed to demonstrate by a preponderance of the evidence that T.A.N.’s
seizure and sequela were caused by vaccines he received on August 19, 2011.
Resp’t’s Rep., filed Mar. 23, 2015, at 4-5.
During a status conference held on April 1, 2015, Mr. Nguyen reported that
he had retained an expert witness to opine on his case and requested 30 days to file
his expert report. Order, issued, Apr. 2, 2015.
On May 4, 2015, Mr. Nguyen filed a motion for decision on the record
stating that “the case has ceased to have a reasonable basis to proceed.” Pet’r’s
Mot., filed May 4, 2015, at 3 ¶8. Attached to his motion, Mr. Nguyen included a
letter from his expert, Dr. Ryan J. Felling, a neurologist. Dr. Felling’s letter
indicated that his review of the records found “[a]side from the temporal
association with [T.A.N.’s] vaccines, there is no additional evidence to support a
causal relationship.” Id. at 2, 5.
2

Case 1:14-vv-00593-UNJ Document 35 Filed 06/03/15 Page 3 of 3
In informal communications with respondent, respondent indicated that she
would not file a response and will rest on her Rule 4 report. Accordingly, this case
is now ready for adjudication.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (hereinafter “the Program”), petitioner must prove either 1) that T.A.N.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to 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 T.A.N. suffered a
“Table Injury.” Thus, Mr. Nguyen is necessarily pursuing a causation-in-fact
claim.
Under the Act, a petitioner may not be given a Program award 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 and opinion of Dr. Felling do not support
Mr. Nguyen’s claim.
Accordingly, it is clear from the record in this case that Mr. Nguyen has
failed to demonstrate either that T.A.N. suffered a “Table Injury” or that his
injuries were “actually caused” by a vaccination. Thus, this case is dismissed for
insufficient proof. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00593-1
Date issued/filed: 2015-10-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/01/2015) regarding 38 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00593-UNJ Document 41 Filed 10/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
TRUONG NGUYEN as parent and * No. 14-593V
natural guardian of T.A.N., * Special Master Christian J. Moran
a minor child, *
* Filed: October 1, 2015
Petitioner, *
*
v. *
* Attorneys’ fees and costs; award in
SECRETARY OF HEALTH * the amount to which respondent does
AND HUMAN SERVICES, * not object.
*
Respondent, *
* * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner;
Ryan Daniel Pyles, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On September 29, 2015, respondent filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. Petitioner submitted
a draft final Application for Attorneys’ Fees and Costs (Application) to respondent
requesting a total of $14,504.89. Upon review of petitioner’s Application,
respondent does not object. The Court awards this amount.
On July 11, 2014, Truong Nguyen filed a petition for compensation on
behalf of his minor son, T.A.N., alleging that the diphtheria-tetanus-acellular
pertussis (DTaP), inactivated poliovirus (IPV), Hepatitis B, haemophilus influenza
type b, rotavirus, and/or a pneumococcal conjugate vaccine, which he received on
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the
parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00593-UNJ Document 41 Filed 10/26/15 Page 2 of 2
August 19, 2011, caused T.A.N. to suffer seizures with resulting sequelae
including right-sided weakness and vision loss in the right eye. The information in
the record, however, did not show entitlement to an award under the Program.
Decision, issued May 6, 2015.
Even though compensation was denied, a petitioner who brings his petition
in good faith and who has a reasonable basis for the petition may be awarded
attorneys’ fees and costs. See 42 U.S.C. § 300aa–15(e)(1). Here, counsel for
petitioner gathered medical records, consulted an expert, and moved for a decision
on the record when further investigation revealed that petitioner was unlikely to
prove his case. Thus, because petitioner’s counsel acted in good faith and because
there was a reasonable basis for proceeding, petitioner is eligible for an award of
attorneys’ fees and costs. Respondent does not contend that petitioner failed to
satisfy these criteria.
Petitioner seeks a total of $14,504.89 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner represents to respondent that he
advanced no monies for reimbursable costs in pursuit of his claim. Respondent has
no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $14,504.89 in the form of a check made payable to
petitioner and petitioner’s attorney, Anne Toale, of Maglio,
Christopher and Toale, PA, for attorneys’ fees and other
litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2