VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00770
Package ID: USCOURTS-cofc-1_14-vv-00770
Petitioner: A.F.
Filed: 2014-08-22
Decided: 2015-11-05
Vaccine: human papillomavirus
Vaccination date: 2013-01-24
Condition: vision loss and headaches
Outcome: compensated
Award amount USD: 4000

AI-assisted case summary:
On August 22, 2014, Patty Ferraro filed a petition on behalf of her minor child, A.F., alleging that the human papillomavirus (HPV) vaccine, received on January 24, 2013, caused A.F. to suffer vision loss and headaches. The respondent, the Secretary of Health and Human Services, argued that there was no clear diagnosis to explain the vision loss and that it could be attributed to a pre-existing condition or a conversion disorder. The respondent also noted that the petitioner had not provided expert testimony to support the claim of vaccine causation. Following discussions and efforts to clarify the diagnosis, including sending a questionnaire to A.F.'s treating physicians, the petitioner filed an expert report from Dr. Jody Abrams, a neuro-ophthalmologist, on June 9, 2015. Dr. Abrams concluded that the diagnosis was a "nonphysiologic visual loss, possibly a conversion-type disorder" and stated that she could "not see anything anatomically that [she could] relate to visual loss from the Gardasil vaccine." In light of Dr. Abrams' assessment, the petitioner filed a motion to dismiss the case on July 6, 2015, stating that further proceedings would be unreasonable and would waste the court's resources. Special Master Christian J. Moran issued a decision on July 14, 2015, dismissing the case for insufficient proof of causation. The decision noted that to receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury," and the petitioner's expert, Dr. Abrams, determined that the vision loss could not be linked to the Gardasil vaccine. Therefore, the petitioner failed to demonstrate either a "Table Injury" or actual causation. Subsequently, on November 5, 2015, Special Master Christian J. Moran issued a decision on attorneys' fees and costs. The decision noted that on October 7, 2015, the respondent filed a stipulation of fact concerning attorneys' fees and costs. The petitioner's counsel, Anne C. Toale of Maglio, Christopher & Toale, PA, had initially submitted a draft application for fees and costs, to which the respondent raised objections. Following discussions, the petitioner amended her application to request $4,000.00, an amount to which the respondent did not object. The Special Master awarded a lump sum of $4,000.00, payable to the petitioner and her attorney, Anne Toale, for attorneys' fees and other litigation costs. This award was made because the petitioner brought her petition in good faith and had a reasonable basis for proceeding, even though compensation was denied. The respondent did not object to the petitioner meeting these criteria. The court thanked the parties for their cooperative efforts.

Theory of causation field:
Petitioner alleged that the human papillomavirus (HPV) vaccine administered on January 24, 2013, caused vision loss and headaches in minor A.F. The case was dismissed for insufficient proof of causation. Petitioner's expert, Dr. Jody Abrams, concluded the diagnosis was "nonphysiologic visual loss, possibly a conversion-type disorder" and could not relate it anatomically to the Gardasil vaccine. The Special Master found no evidence of a "Table Injury" and that the petitioner failed to prove actual causation, leading to dismissal. Petitioner's counsel, Anne C. Toale, was awarded $4,000.00 in attorneys' fees and costs by Special Master Christian J. Moran on November 5, 2015, as the respondent did not object to the amount, acknowledging the good faith and reasonable basis for the petition.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00770-0
Date issued/filed: 2015-08-11
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 07/14/2015) regarding 30 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00770-UNJ Document 31 Filed 08/11/15 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PATTY FERRARO on behalf of *
A.F., a minor child, * No. 14-770V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: July 14, 2015
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Decision on the record; insufficient
* proof of causation; vision loss;
Respondent, * human papillomavirus vaccine.
*
* * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner;
Debra A . Filteau Begley, United States Dep’t of Justice, Washington, DC, for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
On August 22, 2014, Patty Ferraro filed a petition for compensation, on
behalf of her child, A.F., under the National Childhood Vaccine Injury Act, 42
U.S.C. §§ 300aa-10 through 34 (2012). Her petition alleged that A.F. suffered
vision loss and headaches as the result of the human papillomavirus vaccine that
she received on January 24, 2013. The information in the record, however, does
not show entitlement to an award under the Program.
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-00770-UNJ Document 31 Filed 08/11/15 Page 2 of 3
I. Procedural History
In support of her petition, Ms. Ferraro filed medical records (exhibits 1-12),
an affidavit (exhibit 13), followed by a statement of completion on October 10,
2014.
Respondent filed her Rule 4 report on December 30, 2014, stating that
petitioner had not met his burden of proof and was not entitled to compensation.
Resp’t’s Rep’t at 5-6. Respondent argued that there was no clear diagnosis to
explain A.F.’s vision loss and that the medical records show that the vision loss could
be attributed to a pre-existing condition or a conversion disorder. Id. at 7.
Respondent also noted that petitioner had not offered any expert testimony to
support her claim that the vaccine caused the injury. Id.
A status conference was held on January 14, 2015, to discuss respondent’s
Rule 4 report and how the case was to proceed. During this conference, the parties
discussed requesting therapy records for potential future reference as well as
submitting a questionnaire to A.F.’s treating physicians to clarify a diagnosis.
Order, issued January 16, 2015.
After multiple status conferences and status reports, which outlined the
parties’ efforts in drafting the questionnaire for A.F.’s treating doctor, on April 1,
2015, petitioner filed a status report indicating that the questionnaire had been sent
to Dr. Jody Abrams, a neuro-ophthalmologist.
On June 9, 2015, petitioner filed an expert report from Dr. Abrams. After
reviewing the medical records and test results, Dr. Abrams concluded that the proper
diagnosis for A.F. is a “nonphysiologic visual loss, possibly a conversion-type
disorder.” Exhibit 15 at 2. Dr. Abrams further stated she could “not see anything
anatomically that [she could] relate to visual loss from the Gardasil vaccine.” Id.
In light of Dr. Abrams’ assessment, on July 6, 2015, petitioner filed a
motion to dismiss the case. In her motion, petitioner stated that proceeding further
with the case “would be unreasonable and would waste the resources of the Court.”
Pet’r’s Mot. at 1. 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 A.F.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
2

Case 1:14-vv-00770-UNJ Document 31 Filed 08/11/15 Page 3 of 3
corresponding to her vaccination, or 2) that she 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.F. suffered a “Table
Injury.” Thus, she 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 do not support Ms. Ferraro’s claim, a
medical opinion must be offered in support. Ms. Ferraro has offered the opinion of
Dr. Abrams, who determined that A.F.’s vision loss was likely the result of a
conversion-type disorder and could not be linked to the Gardasil vaccine.
Accordingly, it is clear from the record in this case that Ms. Ferraro has
failed to demonstrate either that A.F. suffered a “Table Injury” or that her 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00770-1
Date issued/filed: 2015-11-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/9/2015) regarding 35 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00770-UNJ Document 38 Filed 11/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * *
PATTY FERRARO, on * No. 14-770V
behalf of A.F., a minor child, * Special Master Christian J. Moran
*
Petitioner, *
* Filed: October 8, 2015
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner;
Debra A. Filteau Begley, U.S. Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On October 7, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $4,000.00, an amount to which respondent does not object.
The Court awards this amount.
On August 22, 2014, Patty Ferraro filed a petition for compensation, on
behalf of her child, A.F., alleging that the human papillomavirus vaccine, which
she received on January 24, 2013, caused her to suffer vision loss and headaches.
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-00770-UNJ Document 38 Filed 11/05/15 Page 2 of 2
The information in the record, however, did not show entitlement to an award
under the Program. Decision, issued July 14, 2015.
Even though compensation was denied, a petitioner who brings her 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 and filed medical records, and obtained reports from experts,
and moved for a decision on the record when further investigation revealed that
petitioner was unlikely to prove her 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.
Ms. Ferraro seeks a total of$4,000.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner has
filed a statement indicating that while represented by Maglio, Christopher, &
Toale, PA Law Firm, she did not incur costs related to the litigation of this matter.
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 $4,000.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Anne Toale, of the law firm of
Maglio, Christopher & Toale, 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, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2