VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01029
Package ID: USCOURTS-cofc-1_14-vv-01029
Petitioner: D.C.
Filed: 2014-10-23
Decided: 2016-02-05
Vaccine: Hepatitis B
Vaccination date: 2012-04-05
Condition: pancytopenia and severe transfusion-dependent aplastic anemia
Outcome: dismissed
Award amount USD: 23350

AI-assisted case summary:
Sandra and Reuben Calixto, parents of D.C., a minor, filed a petition for compensation on October 23, 2014, alleging that a Hepatitis B vaccine administered on April 5, 2012, caused their son to develop pancytopenia and severe transfusion-dependent aplastic anemia. The respondent was the Secretary of Health and Human Services. After investigating the facts and science, the petitioners concluded they could not prove entitlement to compensation and filed a motion to dismiss their petition on December 2, 2015. The Special Master noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury. Furthermore, the record did not include a medical expert's opinion or any other persuasive evidence indicating that D.C.'s injuries were caused by the vaccination. An expert report authored by Dr. Clinton F. Merrill, Jr., MD, was filed on October 7, 2015, which addressed the timing of the onset of D.C.'s injury but did not opine in favor of causation. The Special Master found that the medical records were insufficient to establish entitlement to compensation and that no medical opinion supporting causation was offered. Consequently, the petition was dismissed for insufficient proof on December 4, 2015. On January 14, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $23,350.00. The Special Master found that the petition was brought in good faith and that there existed a reasonable basis for the claim, awarding the agreed-upon amount on February 5, 2016. The award was to be paid by check made payable jointly to Petitioners and Petitioners' counsel, Edward Kraus. Petitioner counsel was Edward Kraus of the Law Offices of Chicago Kent, and respondent counsel was Adriana Teitel of the United States Department of Justice. Special Master Lisa Hamilton-Fieldman issued the decisions.

Theory of causation field:
Petitioners alleged that a Hepatitis B vaccine administered on April 5, 2012, caused D.C. to suffer from pancytopenia and severe transfusion-dependent aplastic anemia. The public decision does not describe the specific mechanism of causation. Petitioners filed a motion to dismiss their petition for insufficient proof, stating they could not prove entitlement to compensation. The Special Master noted that the record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence supporting actual causation. An expert report by Dr. Clinton F. Merrill, Jr., MD, addressed the timing of onset but did not opine in favor of causation. The petition was dismissed for insufficient proof on December 4, 2015. Subsequently, a stipulation for attorneys' fees and costs was filed, and Special Master Lisa Hamilton-Fieldman awarded $23,350.00 on February 5, 2016, finding the petition was brought in good faith with a reasonable basis. Edward Kraus represented the petitioners, and Adriana Teitel represented the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01029-0
Date issued/filed: 2015-12-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/4/2015) regarding 36 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01029-UNJ Document 37 Filed 12/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1029V
Filed: December 4, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
SANDRA and REUBEN CALIXTO, *
Parents of D.C., a minor, *
* Special Master Hamilton-Fieldman
Petitioners, *
*
v. * Petitioners’ Motion for Dismissal
* Decision; Hepatitis B (“Hep B”)
SECRETARY OF HEALTH * Vaccine; Pancytopenia; Aplastic
AND HUMAN SERVICES, * Anemia.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Edward Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioners.
Adriana Teitel, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 23, 2014, Sandra and Reuben Calixto (“Petitioners”) filed a petition for
compensation on behalf of their son, D.C., under the National Childhood Vaccine Injury Act of
1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioners alleged that the
administration of a Hepatitis B (“Hep B”) vaccine on April 5, 2012 caused D. C. to suffer from
pancytopenia and severe transfusion-dependent aplastic anemia. The undersigned now finds that
the information in the record does not show entitlement to an award under the Program.
On December 2, 2015, Petitioners filed a Motion for a Decision Dismissing their Petition.
According to the motion, “[a]n investigation of the facts and science supporting this case has
demonstrated to Petitioners that at this time they will be unable to prove that their child is
entitled to compensation in the Vaccine Program.” Petitioners further state that they understand
that a dismissal decision will result in a judgment against them, and that such a judgment will
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 and note (2006)). In accordance with
Vaccine Rule 18(b), a party 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,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.

Case 1:14-vv-01029-UNJ Document 37 Filed 12/28/15 Page 2 of 2
end all of their rights in the Vaccine Program.
To receive compensation under the Vaccine Act, Petitioners must prove either 1) that
D.C. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to his vaccination, 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 D.C. suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that his injuries were
caused by a vaccination.2
Under the Vaccine Act, a petitioner may not be awarded compensation 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 are insufficient to establish entitlement to compensation, a medical opinion must be
offered in support. Petitioners, however, have offered no such opinion.
Therefore, the only alternative remains to DENY this petition. Thus, this case is
dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
/s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 On October 7, 2015, Petitioners filed an expert report authored by Dr. Clinton F. Merrill, Jr.,
MD. Dr. Merrill’s report addressed the timing of onset of D.C.’s injury; Dr. Merrill did not
opine in favor of causation.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01029-1
Date issued/filed: 2016-02-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/15/2016) regarding 41 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-01029-UNJ Document 42 Filed 02/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1029V
Filed: January 15, 2016
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
SANDRA and REUBEN CALIXTO, *
Parents of D.C., a minor, *
* Special Master Hamilton-Fieldman
Petitioners, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested to
SECRETARY OF HEALTH * which Respondent Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Edward Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioners.
Adriana Teitel, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 23, 2014, Sandra and Reuben Calixto (“Petitioners”) filed a petition for
compensation on behalf of their son, D.C., under the National Childhood Vaccine Injury Act of
1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioners alleged that the
administration of a Hepatitis B (“Hep B”) vaccine on April 5, 2012 caused D. C. to suffer from
pancytopenia and severe transfusion-dependent aplastic anemia. On December 4, 2015, the
undersigned issued a decision dismissing the petition.
On January 14, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $23,350.00 in
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioners’ counsel
represents that Petitioners have not incurred any out-of-pocket litigation costs in pursuit of their
claim.
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 and note (2006)). In accordance with
Vaccine Rule 18(b), a party 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,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.

Case 1:14-vv-01029-UNJ Document 42 Filed 02/05/16 Page 2 of 2
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $23,350.00, in the
form of a check made payable jointly to Petitioners and Petitioners’ counsel, Edward
Kraus.
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.2
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2 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