Timothy Steinruck v. HHS - DTaP, death (2015)

On August 25, 2014, Timothy Steinruck filed a petition on behalf of his deceased minor son, E.J.S., alleging that DTaP, Hib, and Hepatitis A vaccines administered on December 18, 2012, caused E.J.S.'s death on December 20, 2012. Petitioner was represented by Anne C.

Toale of Maglio Christopher & Toale, P.C., and the respondent was represented by Ryan D. Pyles of the United States Department of Justice.

On May 15, 2015, Special Master Nora Beth Dorsey issued a decision dismissing the petition. The public decision stated that to receive compensation, the petitioner must prove either a Table Injury or that the vaccine actually caused the death.

The record did not contain evidence of a Table Injury. The medical examiner determined E.J.S.'s cause of death was "Sudden unexpected death in the setting of Influenza Virus Type A infection." The Special Master noted that the record lacked sufficient medical records or a competent physician's opinion to support the claim that the vaccines caused the death.

Consequently, the case was dismissed for insufficient proof. Subsequently, on September 18, 2015, the parties filed a stipulation for attorneys' fees and costs.

Chief Special Master Nora Beth Dorsey granted this stipulation, awarding $18,000.00 in attorneys' fees and costs, payable to petitioner and petitioner's counsel, Anne C. Toale.