VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00623
Package ID: USCOURTS-cofc-1_14-vv-00623
Petitioner: P.C.B.
Filed: 2014-07-18
Decided: 2015-12-03
Vaccine: Pentacel
Vaccination date: 2011-07-18
Condition: respiratory failure, traumatic brain injury, subdural hematomas, seizures, hypoxic-ischemic encephalopathy, shock and resulting developmental delays
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Corinna Carlson, on behalf of her minor daughter P.C.B., filed a petition on July 18, 2014, alleging that P.C.B. suffered respiratory failure, traumatic brain injury, subdural hematomas, seizures, hypoxic-ischemic encephalopathy, shock, and resulting developmental delays following vaccinations administered on July 18, 2011. The vaccines received were Pentacel (DTaP, Hib, and IPV) and rotavirus. The respondent, the Secretary of Health and Human Services, filed a report concluding that the petitioner failed to meet the criteria for a Vaccine Table injury and could not demonstrate by a preponderance of the evidence that P.C.B.'s injuries were caused by the vaccines. The respondent noted that the petitioner's proposed theory of causation, "tissue scurvy," was not a recognized disorder in medical literature and that P.C.B. did not exhibit associated abnormalities. The public decision does not describe the onset of symptoms, specific medical records, or treatments. Petitioner was ordered to file an expert report by September 28, 2015, with an extension granted until October 28, 2015. However, on October 21, 2015, the petitioner moved for a dismissal of her petition, acknowledging an inability to prove entitlement to compensation. Special Master Christian J. Moran reviewed the case and found no evidence that P.C.B. suffered a "Table Injury." Furthermore, the record lacked a medical expert's opinion or other persuasive evidence to support the claim that the vaccines actually caused P.C.B.'s injuries. The Special Master noted that awards cannot be based solely on a petitioner's claims and must be supported by medical records or a physician's opinion, neither of which was sufficiently provided. Consequently, the case was dismissed for insufficient proof. The decision was issued on December 3, 2015. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Lynn E. Ricciardella.

Theory of causation field:
Petitioner Corinna Carlson, on behalf of minor P.C.B., alleged that respiratory failure, traumatic brain injury, subdural hematomas, seizures, hypoxic-ischemic encephalopathy, shock, and developmental delays following Pentacel (DTaP, Hib, IPV) and rotavirus vaccinations on July 18, 2011, were vaccine-caused. The respondent concluded that petitioner failed to meet criteria for a Table injury and could not prove causation by a preponderance of the evidence. Petitioner proposed a theory of "tissue scurvy," which the respondent noted is not a recognized medical disorder and lacks supporting medical literature or evidence of associated abnormalities in P.C.B. The public decision states that no medical expert report was filed by the petitioner, and the medical records did not support the claim. Petitioner subsequently moved to dismiss her petition, acknowledging an inability to prove entitlement. Special Master Christian J. Moran dismissed the petition for insufficient proof, finding no "Table Injury" and no persuasive evidence, including expert opinion, to establish actual vaccine causation. The decision date was December 3, 2015. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Lynn E. Ricciardella.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00623-0
Date issued/filed: 2015-12-03
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 10/28/2015) regarding 37 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00623-UNJ Document 40 Filed 12/03/15 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
CORINNA CARLSON, parent of *
P.C.B., a minor, * No. 14-623V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: October 28, 2015
*
SECRETARY OF HEALTH * DTAP; Hib; IPV; rotavirus;
AND HUMAN SERVICES, * respiratory failure; TBI; subdural
* hematomas; seizures; hypoxic-
Respondent. * ischemic encephalopathy; decision
* * * * * * * * * * * * * * * * * * * * * * * * * dismissing petition.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioners.
Lynn E. Ricciardella, United States Dep’t of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Corinna Carlson, on behalf of her minor daughter, P.C.B., filed a petition under
the National Childhood Vaccine Injury Act, 42 U.S.C. §300aa—10 et seq., on July 18,
2014. The petition alleged that P.C.B. suffered an adverse reaction to the Pentacel
(DTaP, Hib, and IPV) and rotavirus vaccines administered on July 18, 2011. The
information in the record, however, does not show entitlement to an award under the
Program.
I. Procedural History
On July18, 2014, Ms. Carlson, on behalf of their minor child, P.C.B., filed a
petition alleging that P.C.B.’s respiratory failure, traumatic brain injury, subdural
hematomas, seizures, hypoxic-ischemic encephalopathy, shock and resulting
developmental delays were more likely than not caused by the vaccines she received on
July 18, 2011.
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 decision 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-00623-UNJ Document 40 Filed 12/03/15 Page 2 of 3
On July 15, 2015, respondent filed a Rule 4(c) report in which she concluded that
petitioner had failed to fulfill the criteria for a Vaccine Table injury and failed to
demonstrate by a preponderance of the evidence that P.C.B.’s injuries were caused-in-
fact by the vaccines P.C.B. received on July 18, 2011. Respondent’s Report at 11-12.
Respondent noted that though petitioner put forth a medical theory of causation, “tissue
scurvy,” it is not a recognized disorder in any medical textbook, and no references to it
were found during a literature search on PubMed. Further, P.C.B. did not have the
abnormalities associated with “tissue scurvy” as described as part of the “tissue scurvy”
condition. Id. at 10. Additionally, an expert medical opinion was not filed in the case.
Id.
On July 29, 2015, petitioner was ordered to file an expert report by September 28,
2015. On September 28, 2015, petitioner’s counsel filed a motion for an extension of
time to file an expert report, which was granted until October 28, 2015. A status
conference was then scheduled for November 4, 2015.
On October 21, 2015, petitioner moved for a decision dismissing her petition.
They noted that “[a]n investigation of the facts and science supporting their case has
demonstrated . . . that at this time she will be unable to prove that her child is entitled to
compensation in the Vaccine Program.” Mot. for a Decision Dismissing Her Petition at ¶
1.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program, petitioners must prove either 1) that the vaccinee suffered a “Table Injury” –
i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the
vaccinee’s vaccinations, or 2) that the vaccinee 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 P.C.B. suffered a “Table Injury.”
Further, the record does not contain a medical expert’s opinion or any other persuasive
evidence indicating that P.C.B.’s injuries are vaccine-caused.
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 do not support petitioner’s claim, a medical opinion must be
offered in support. Petitioner has, however, have offered no such opinion. Accordingly,
it is clear from the record in this case that petitioner has failed to demonstrate either that
P.C.B. suffered a “Table Injury” or that P.C.B.’s injuries were “actually caused” by a
vaccination.
2

Case 1:14-vv-00623-UNJ Document 40 Filed 12/03/15 Page 3 of 3
Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
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