VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00772
Package ID: USCOURTS-cofc-1_14-vv-00772
Petitioner: E.J.S.
Filed: 2014-08-25
Decided: 2015-10-13
Vaccine: DTaP
Vaccination date: 2012-12-18
Condition: death
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Timothy Steinruck, on behalf of E.J.S., alleged that DTaP, Hib, and Hepatitis A vaccines administered on December 18, 2012, caused E.J.S.'s death on December 20, 2012. The petitioner moved to dismiss the case, stating an inability to prove entitlement to compensation. Special Master Nora Beth Dorsey dismissed the case for insufficient proof, noting the absence of evidence for a "Table Injury" or that the vaccines "actually caused" the death. The medical examiner's autopsy report listed the cause of death as "Sudden unexpected death in the setting of Influenza Virus Type A infection." The public decision stated the record lacked sufficient medical records or a competent physician's opinion to support the claim that the vaccines caused the death. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Ryan D. Pyles. A subsequent stipulation for attorneys' fees and costs was granted by Chief Special Master Nora Beth Dorsey, awarding $18,000.00.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00772-0
Date issued/filed: 2015-06-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/15/2015) regarding 25 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00772-UNJ Document 26 Filed 06/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 15, 2015
[Not to be published]
* * * * * * * * * * * * * * * * * * * * * * *
TIMOTHY STEINRUCK on behalf of *
E.J.S., decedent, * No. 14-772V
*
Petitioner, * Special Master Dorsey
v. *
* Dismissal; Hep A; DTap; HIB;
* Death.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, P.C., Sarasota, FL for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC for respondent.
DECISION1
On August 25, 2014, petitioner filed a petition on behalf of his minor son, E.J.S.,
for Vaccine Compensation in the National Vaccine Injury Compensation Program [“the
Program”].2 Petitioner alleged that E.J.S. died as a result of receiving DTaP, HIB, and
Hepatitis A vaccines on December 18, 2012. Petition at ¶ 3, 6. The information in the
record, however, does not show entitlement to an award under the Program. On May 13,
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 note (2006)). In accordance with Vaccine Rule 18(b),
petitioner 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, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public
access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter
“Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa
of the Act.
1

Case 1:14-vv-00772-UNJ Document 26 Filed 06/05/15 Page 2 of 2
2015, petitioner moved for a decision dismissing his petition, stating: “an investigation of
the facts and science supporting his case has demonstrated that petitioner will be unable to
prove that E.J.S. is entitled to compensation in the Vaccine Program.” Pet. Mot. Dismissing
the Petition at ¶ 1.
To receive compensation under the Program, petitioner must prove either 1) that the
minor child suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury
Table—corresponding to one or more of his vaccinations, or 2) that he suffered an injury
that was actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination
of the record did not uncover any evidence that E.J.S suffered a “Table Injury.” Further,
the record does not contain persuasive evidence indicating that E.J.S.’s death was caused
by the one, or a combination of, the vaccines at issue. On autopsy, the medical examiner
determined E.J.S.’s cause of death to be “[s]udden unexpected death in the setting of
Influenza Virus Type A infection.” Pet. Ex. 2 at 7.
Under the Act, 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. § 13(a)(1). In this case, because there are
insufficient medical records supporting petitioner’s claim, a medical expert opinion must
be offered in support. Petitioner, however, has offered no such opinion that supports a
finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that E.J.S. suffered a “Table Injury” or that the minor’s death was
“actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof.
The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00772-1
Date issued/filed: 2015-10-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/21/2015) regarding 33 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:14-vv-00772-UNJ Document 36 Filed 10/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-772V
Filed: September 21, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
TIMOTHY STEINRUCK, on behalf of *
E.J.S., decedent * Chief Special Master Dorsey
*
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On August 25, 2014, Timothy Steinruck (“petitioner”) filed a petition on behalf of E.J.S.,
his deceased minor child, pursuant to the National Vaccine Injury Compensation Program.2 42
U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that a diphtheria-tetanus-acellular pertussis
(DTaP), haemophilus influenza type b (Hib), and/or a Hepatitis A vaccination on December 18,
2012, caused E.J.S. an injury resulting in his death on December 20, 2012. Petitioner at ¶¶ 3, 7.
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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00772-UNJ Document 36 Filed 10/13/15 Page 2 of 2
On May 15, 2015, the undersigned entered a decision dismissing petitioner’s case for insufficient
proof.
On September 18, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs of $18,000.00. Stip. of Fact ¶ 2. Pursuant to General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this
claim. Id. at ¶ 3.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection by
respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees and
costs.
Accordingly, an award should be made as follows:
A lump sum of $18,000.00 in the form of a check payable jointly to petitioners and
petitioner’s counsel of record, Anne C. Toale.
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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 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