VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00132
Package ID: USCOURTS-cofc-1_15-vv-00132
Petitioner: Madeline Moorman
Filed: 2015-11-06
Decided: 2016-02-18
Vaccine: HPV
Vaccination date: 2012-02-03
Condition: constant debilitating headaches; chronic fatigue; depression
Outcome: compensated
Award amount USD: 12420

AI-assisted case summary:
Madeline Moorman filed a petition on February 9, 2015, alleging that she suffered from constant debilitating headaches, chronic fatigue, and depression as a result of receiving two Gardasil Human Papillomavirus (HPV) vaccinations on February 3, 2012, and April 2, 2012. The petition was filed under the National Childhood Vaccine Injury Act of 1986. On November 4, 2015, Petitioner filed a motion for dismissal of her petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation under the Vaccine Program. Petitioner understood that a dismissal decision would result in a judgment against her and end all her rights in the Vaccine Program. Special Master Lisa Hamilton-Fieldman reviewed the record and found that the information did not show entitlement to an award. To receive compensation, Petitioner needed to prove either a "Table Injury" or that her injuries were actually caused by a vaccine. The record did not contain evidence of a "Table Injury," nor did it include a medical expert's opinion or other persuasive evidence indicating that her injuries were caused by a vaccination. The medical records were insufficient to establish entitlement, and no medical opinion was offered in support. Consequently, on December 1, 2015, Special Master Hamilton-Fieldman issued a decision denying the petition and dismissing it for insufficient proof. Subsequently, on January 22, 2016, the parties filed a Stipulation of Facts Concerning Attorneys' Fees and Costs. On February 18, 2016, Special Master Hamilton-Fieldman issued a decision regarding this stipulation. The parties agreed to an award of $12,020.47 in attorneys' fees and costs, jointly payable to Petitioner and her attorney, Larry D. Wright. Petitioner's counsel represented that Petitioner incurred $400.00 in personal litigation costs, payable to Petitioner. Special Master Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. The total award was $12,420.47.

Theory of causation field:
Petitioner Madeline Moorman alleged that constant debilitating headaches, chronic fatigue, and depression resulted from two Gardasil HPV vaccinations received on February 3, 2012, and April 2, 2012. The public decision does not describe the specific theory of causation, mechanism of injury, onset of symptoms, medical records, diagnostic tests, or treatments. Petitioner's counsel was Larry D. Wright. Respondent's counsel was Debra A. Begley. Special Master Lisa Hamilton-Fieldman dismissed the petition on December 1, 2015, for insufficient proof, as Petitioner failed to demonstrate entitlement to compensation under the Vaccine Act. The decision noted the absence of a "Table Injury" and insufficient medical evidence or expert opinion to establish causation. On February 18, 2016, Special Master Hamilton-Fieldman awarded $12,020.47 for attorneys' fees and costs, jointly payable to Petitioner and her attorney, and $400.00 for Petitioner's personal litigation costs, based on a stipulation of facts concerning fees and costs, finding the petition was brought in good faith with a reasonable basis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00132-0
Date issued/filed: 2015-12-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/6/2015) regarding 25 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00132-UNJ Document 27 Filed 12/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-132V
Filed: November 6, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
MADELINE MOORMAN, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Petitioner’s Motion for Dismissal
* Decision; Human Papillomavirus
SECRETARY OF HEALTH * (“HPV”) Vaccines; Gardasil
AND HUMAN SERVICES, * Vaccines; Headaches; Chronic
* Fatigue; Depression.
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Larry D. Wright, Wright & Fisher, LLC, Kansas City, MO, for Petitioner.
Debra A. Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 9, 2015, Madeline Moorman (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that she suffers from “constant debilitating headaches;
chronic fatigue; depression” as a result of the Human Papillomavirus (“HPV”) vaccinations,
more specifically Gardasil vaccinations, she received on February 3, 2012 and April 2, 20122.
Petition (“Pet”) at 1-5. The undersigned now finds that the information in the record does not
show entitlement to an award under the Program.
On November 4, 2015, Petitioner filed a Motion for Decision Dismissing her Petition.
Motion, ECF No. 23. According to the motion, “[a]n investigation of the facts and science
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.
2 Petitioner only received two HPV vaccinations, at the request of her mother. Pet’r’s Ex. 3 at
33.

Case 1:15-vv-00132-UNJ Document 27 Filed 12/01/15 Page 2 of 2
supporting Petitioner’s claim has demonstrated that Petitioner will be unable to prove she is
entitled to compensation in the Vaccine Program.” Motion at 1. Petitioner further states that she
understands that dismissal decision will result in a judgment against her, and that such a
judgment will end all of her rights in the Vaccine Program. Id.
To receive compensation under the Vaccine Act, Petitioner must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of her vaccinations, 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 Petitioner suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that her injuries were
caused by a vaccination.
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. Petitioner, however, has 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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00132-1
Date issued/filed: 2016-02-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/27/2016) regarding 32 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:15-vv-00132-UNJ Document 33 Filed 02/18/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-132V
Filed: January 27, 2016
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
MADELINE MOORMAN, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested to
SECRETARY OF HEALTH * which Respondent Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Larry D. Wright, Wright & Fisher, LLC, Kansas City, MO, for Petitioner.
Debra A. Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 9, 2015, Madeline Moorman (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that she suffers from “constant debilitating headaches;
chronic fatigue; depression” as a result of the Human Papillomavirus (“HPV”) vaccinations,
more specifically Gardasil vaccinations, she received on February 3, 2012 and April 2, 2012.
Petition (“Pet”) at 1-5. On November 6, 2015, the undersigned issued a decision dismissing the
petition.
On January 22, 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 $12,020.47 in
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel
represents that Petitioner incurred $400.00 in litigation costs.
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 1:15-vv-00132-UNJ Document 33 Filed 02/18/16 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:
A. Payment in the form of a check payable jointly to Petitioner and her
attorney, Larry D. Wright, in the amount of $12,020.47, for all attorneys’
fees and costs, and
B. Payment in the form of a check payable to Petitioner in the amount of
$400.00, for Petitioner’s personal litigation costs.
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