VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00279
Package ID: USCOURTS-cofc-1_15-vv-00279
Petitioner: Gabriel Cash Benoit
Filed: 2015-01-08
Decided: 2016-01-29
Vaccine: DTaP
Vaccination date: 2013-03-29
Condition: injuries that resulted in his death
Outcome: compensated
Award amount USD: 8000

AI-assisted case summary:
On March 18, 2015, Brittany Stallings Benoit and Arsene Benoit, as parents and natural guardians of Gabriel Cash Benoit, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. They alleged that the DTaP, Hib, Polio, Pneumococcal, Rotavirus, and Hepatitis B vaccines administered to Gabriel Cash Benoit on March 29, 2013, caused injuries that resulted in his death. The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, clinical course, medical tests, treatments, or the mechanism of injury. On January 8, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs, agreeing to an award of $8,000.00 for attorneys' fees and costs. Petitioners' counsel, Jeffrey S. Pop, represented that Petitioners had not incurred out-of-pocket litigation costs. Special Master Lisa Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount of $8,000.00, payable by check jointly to Petitioners and Petitioners' counsel. The parties renounced their right to seek review, and the clerk was ordered to enter judgment in accordance with the stipulation.

Theory of causation field:
Petitioners alleged that the DTaP, Hib, Polio, Pneumococcal, Rotavirus, and Hepatitis B vaccines administered on March 29, 2013, to minor Gabriel Cash Benoit caused injuries resulting in his death. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The case was resolved via a stipulation for attorneys' fees and costs, with Special Master Lisa Hamilton-Fieldman awarding $8,000.00. The public decision does not detail the specific medical findings or evidence presented regarding causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00279-0
Date issued/filed: 2016-01-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/21/2015) regarding 18 Order Concluding Proceedings. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00279-UNJ Document 22 Filed 01/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-279V
Filed: December 21, 2015
* * * * * * * * * * * * * * *
BRITTANY STALLINGS BENOIT, * UNPUBLISHED
as mother and natural guardian, and *
ARSENE BENOIT, as father and natural *
guardian of GABRIEL CASH BENOIT, * Special Master Hamilton-Fieldman
*
Petitioners, *
*
v. *
* Voluntary dismissal under
SECRETARY OF HEALTH * Vaccine Rule 21(a).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Jeffrey S. Pop, Beverly Hills, CA, for Petitioners.
Glenn MacLeod, United States Department of Justice, Washington, DC, for Respondent.
ORDER CONCLUDING PROCEEDINGS1
On March 18, 2015, Brittany Stallings and Arsene Benoit (“Petitioners”) filed a petition
for compensation on behalf of their minor son, Gabriel Cash Benoit, 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 Diphtheria-Tetanus-acellular- Pertussis (“DTaP”),
Haemophilus influenza type B (“HiB”), Polio, Pneumococcal, Rotavirus, and Hepatitis B (“Hep
B”) vaccines on March 29, 2013 caused Gabriel Benoit to suffer from injuries that resulted in his
death.
1 Because this unpublished Order 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-00279-UNJ Document 22 Filed 01/19/16 Page 2 of 2
On November 13, 2015, the undersigned issued a Notice informing Petitioners that 240
days had passed since their petition was filed, and that they had the option of continuing or
withdrawing their petition. On December 14, 2015, Petitioners filed a Notice of Withdrawal of
the Petition pursuant to 42 U.S.C. § 300aa-21(b).
Pursuant to Vaccine Rule 21(a), the above-captioned case is hereby dismissed. The
Clerk of Court is hereby instructed that a judgment shall not enter in the instant case pursuant
to Vaccine Rule 21(a).
CONCLUSION
Proceedings are concluded in this case.
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-00279-1
Date issued/filed: 2016-01-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/8/2016) regarding 20 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:15-vv-00279-UNJ Document 24 Filed 01/29/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-279V
Filed: January 8, 2016
* * * * * * * * * * * * * * * *
BRITTANY STALLINGS BENOIT, * UNPUBLISHED
as mother and natural guardian, and *
ARSENE BENOIT, as father and natural * Special Master Hamilton-Fieldman
guardian of GABRIEL CASH BENOIT, *
*
Petitioners, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioners.
Glenn MacLeod, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 18, 2015, Brittany Stallings and Arsene Benoit (“Petitioners”) filed a petition
for compensation on behalf of their minor son, Gabriel Cash Benoit, 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 Diphtheria-Tetanus-acellular- Pertussis (“DTaP”),
Haemophilus influenza type B (“HiB”), Polio, Pneumococcal, Rotavirus, and Hepatitis B (“Hep
B”) vaccines on March 29, 2013 caused Gabriel Benoit to suffer from injuries that resulted in his
death. On December 21, 2015, the undersigned issued an Order Concluding Proceedings
pursuant to Vaccine Rule 21(a).
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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).
1

Case 1:15-vv-00279-UNJ Document 24 Filed 01/29/16 Page 2 of 2
On January 8, 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 $8,000.00 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.
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 $8,000.00, in the
form of a check made payable jointly to Petitioners and Petitioners’ counsel, Jeffrey S. Pop.
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