VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01098
Package ID: USCOURTS-cofc-1_14-vv-01098
Petitioner: Jeffrey Edgar
Filed: 2015-09-01
Decided: 2015-11-06
Vaccine: influenza
Vaccination date: 
Condition: swelling and pain in his hands and joints
Outcome: compensated
Award amount USD: 2500

AI-assisted case summary:
Jeffrey Edgar filed a petition for compensation under the National Vaccine Injury Compensation Program on November 12, 2014. He alleged that an influenza vaccine caused his injury, which included swelling and pain in his hands and joints. The public decision does not describe the specific date of vaccination or the petitioner's age at the time of vaccination. Petitioner was represented by Elaine Whitfield Sharp, Esq., and the respondent was represented by Gordon Shemin, Esq. On July 16, 2015, the petitioner moved for a decision dismissing the petition. Special Master Thomas L. Gowen issued a decision on August 26, 2015, dismissing the petition. The Special Master found that the petitioner had not demonstrated entitlement to an award because he failed to prove either a "Table Injury" or that his injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury," nor persuasive evidence that the injury was vaccine-caused. The Special Master noted that under the Act, a petition cannot be based solely on the petitioner's claims and must be supported by medical records or a competent physician's opinion, neither of which was provided in sufficient detail to support the claim. Therefore, the case was dismissed for insufficient proof. Subsequently, on September 1, 2015, the parties filed a stipulation regarding attorneys' fees and costs. The respondent did not object to the petitioner's request for $2,500.00 in attorneys' fees and costs. Special Master Gowen found that the petition was brought in good faith and with a reasonable basis, making an award for fees and costs appropriate. On November 6, 2015, Special Master Gowen issued a decision awarding a lump sum of $2,500.00, payable jointly to the petitioner and his counsel, Elaine Whitfield Sharp, Esq., for attorney fees and costs.

Theory of causation field:
Petitioner Jeffrey Edgar alleged that an influenza vaccine caused swelling and pain in his hands and joints. The petition was filed on November 12, 2014. The Special Master, Thomas L. Gowen, dismissed the petition on August 26, 2015, finding insufficient evidence to demonstrate either a "Table Injury" or that the injury was vaccine-caused. The public decision does not specify the vaccine date, the petitioner's age, or provide details regarding the mechanism of injury. Petitioner failed to provide medical records or a competent physician's opinion to support the claim. Subsequently, on November 6, 2015, Special Master Gowen awarded $2,500.00 for attorneys' fees and costs, finding the petition was brought in good faith with a reasonable basis, despite the dismissal of the underlying claim for lack of proof. Petitioner's counsel was Elaine Whitfield Sharp, Esq., and respondent's counsel was Gordon Shemin, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01098-0
Date issued/filed: 2015-08-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/31/2015) regarding 17 DECISION of Special Master ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01098-UNJ Document 18 Filed 08/26/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-1098V
Filed: July 31, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEFFREY EDGAR, *
*
Petitioner, *
v. * Dismissal; Flu Vaccine;
* Joint pain; Swelling
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elaine Whitfield Sharp, Esq., Whitfield, Sharp & Sharp, Marblehead, MA for petitioner.
Gordon Shemin, Esq., U.S. Dep’t of Justice, Washington, D.C., for respondent.
DECISION1
Gowen, Special Master:
On November 12, 2014, petitioner filed a petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program [“the Program”],2 alleging that the
influenza vaccine he received caused his injury which included swelling and pain in his
hands and joints. The information in the record, however, does not show entitlement to
an award under the Program. On July 16, 2015, petitioner moved for a decision
dismissing this petition.
To receive compensation under the Program, petitioner must prove either 1) that
he suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to his influenza vaccination, 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
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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 have 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.

Case 1:14-vv-01098-UNJ Document 18 Filed 08/26/15 Page 2 of 2
record did not uncover any evidence that petitioner suffered a “Table Injury.” Further,
the record does not contain persuasive evidence indicating that petitioner’s alleged
injury was vaccine-caused.
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 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 petitioner suffered a “Table Injury” or that his injuries were
“actually caused” by a vaccination. Thus, this case is dismissed for insufficient
proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-01098-1
Date issued/filed: 2015-11-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/01/2015) regarding 21 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01098-UNJ Document 24 Filed 11/06/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-1098V
Filed: September 1, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEFFREY EDGAR, *
*
Petitioner, *
v. * Stipulation; Attorneys’ Fees & Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elaine Whitfield Sharp, Esq., Whitfield, Sharp & Sharp, Marblehead, MA for petitioner.
Gordon Shemin, Esq., U.S. Dep’t of Justice, Washington, D.C., for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
on July 31, 2015, a decision dismissing the petition in response to petitioner’s motion for
a decision dismissing his petition. On September 1, 2015, the parties filed a Stipulation
of Fact concerning attorneys’ fees and costs. Additionally, pursuant to General Order
#9, petitioner’s counsel asserted that petitioner incurred no personal litigation costs in
this matter. Id. at para. 4.
The parties’ stipulation indicates that respondent does not object to the amount
of $2,500.00 in attorneys’ fees and cost that petitioner is requesting.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2012).

Case 1:14-vv-01098-UNJ Document 24 Filed 11/06/15 Page 2 of 2
I find 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, I hereby award:
 A lump sum of $2,500.00 in the form of a check payable jointly to
petitioner and petitioner’s counsel of record, Elaine Whitfield Sharp,
Esq., for petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See
Vaccine Rule 11(a).