Decision Denying Interim Attorneys' Fees and Costs Award 1 BRIAN H. CORCORAN , Special Master . On May 11, 2012, K.L. filed this action seeking compensation under the National Vaccine Injury Compensation Program (the "Program"). 2 ECF No. 1, dated May 11, 2012 (Original Petition) and 24, dated Mar. 11, 2013 (Amended Petition). Petitioner alleges that she suffered a variety of injuries (including partial onset epilepsy, seizures, and migraine headaches) as a result of the human...
OPINION AND ORDER ELAINE D. KAPLAN , Judge . Before the Court are Plaintiffs' motion for judgment on the administrative record and Defendant's motion to dismiss and cross-motion for judgment on the administrative record. For the reasons set forth below, the Court GRANTS the government's motion to dismiss as to Corwin Company, Inc. ("Corwin") but DENIES that motion as to Braseth Trucking, LLC ("Braseth"). Further, because the Court finds that the stated rationales for the agency's...
DECISION AWARDING ATTORNEYS' FEES AND COSTS ON AN INTERIM BASIS 1 CHRISTIAN J. MORAN , Special Master . On May 5, 2002, Christopher and Carla Loving filed a petition for compensation on behalf of their daughter, Camille Loving, alleging that the diphtheria tetanus-acellular pertussis ("DTaP") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3 (a), and which Camille received on December 5, 2000, and March 27, 2001, significantly aggravated Camille's...
DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On June 14, 2011, Walli Afzali filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq. 2 [the "Vaccine Act" or "Program"] alleging that his son, NA, suffered encephalitis within five to fifteen days of receiving the measles, mumps, rubella vaccine and that the vaccine was the cause of NA's injury. Petition at Preamble. On December 10, 2012, respondent...
FINDINGS OF FACT 1 CHRISTIAN J. MORAN , Special Master . On May 24, 2013, Stacy and William Boula filed a petition under the National Vaccine Injury Compensation Program (the "Vaccine Act" or "Program"), 42 U.S.C. 300aa-10 through 34 (2006). In their petition, the Boulas alleged that the human papillomavirus ("HPV") vaccine and/or hepatitis B vaccine caused their daughter, Stephanie, to suffer an autoimmune disorder and associated undifferentiated connective tissue disease. Pet. at...
DECISION ON JOINT STIPULATION 1 THOMAS L. GOWEN , Special Master . On May 22, 2014, Leslie C. Potts, Jr. ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that as a result of receiving a tetanus-diptheria-acellular pertussis ("Tdap") vaccine on March 16, 2012, he developed brachial neuritis. Stipulation 2, 4. Further, petitioner alleged that he experienced residual effects of his...
ORDER DEFERRING DECISION ON INTERIM FEES AND COSTS APPLICATION 1 BRIAN H. CORCORAN , Special Master . In this case under the National Vaccine Injury Compensation Program (hereinafter "the Vaccine Program"), Matthew Morris ("Petitioner") seeks, pursuant to 42 U.S.C. 300aa-15(e) (2006), an interim award for attorneys' fees and costs incurred in the course of Petitioner's attempt to obtain Program compensation. After careful consideration, and for the reasons set forth below, I am...
DECISION 1 NORA BETH DORSEY , Special Master . On April 8, 2011, Janelle Campbell ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that she developed systemic lupus erythematous ("SLE") and a midbrain stroke, as a result of human papillomavirus ("HPV") vaccinations she received on April 11, 2008, and June 16, 2008. See Petition at preamble, 3. Petitioner further alleged that she...
PUBLISHED DECISION ON REMAND DENYING ENTITLEMENT 1 CHRISTIAN J. MORAN , Special Master . On June 16, 2003, Mr. Contreras received the hepatitis B vaccine and the tetanus-diphtheria vaccine. Approximately 24 hours later, he started experiencing symptoms that marked the onset of a very severe neurologic disease, transverse myelitis. Mr. Contreras claims that the vaccinations, particularly the hepatitis B vaccine, caused his neurologic problems and seeks compensation through the National...
PUBLISHED DECISION DENYING COMPENSATION 1 CHRISTIAN J. MORAN, Special Master. Nancy Barclay is the mother of Matthew Ramirez, a developmentally delayed child, who is 10 years old. When he was born, Matthew had a mutation in a gene, known as the SCN1A gene, that creates a particular type of sodium channel. This sodium channel, which is known as Na v 1.1, contributes to preventing seizures. When Matthew was approximately six months old, he received a set of vaccines, including a diphtheria-...
PUBLISHED DECISION DENYING COMPENSATION 1 CHRISTIAN J. MORAN, Special Master. Esfandiar Santini and Laurie Omidvar are the parents of Aydien Omidvar, a developmentally delayed child, who is 11 years old. When he was born, Aydien had a mutation in a gene, known as the SCN1A gene, that creates a particular type of sodium channel. This sodium channel, which is known as Na v 1.1, contributes to preventing seizures. When Aydien was approximately four months old, he received a set of vaccines,...
UNPUBLISHED DECISION 1 CHRISTIAN J. MORAN, Special Master. On July 23, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by James Castillo on May 4, 2012. In his petition, Mr. Castillo alleged that the hepatitis B vaccines, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), and which he received on May 11, 2009 and June 11, 2009, caused him to suffer transverse myelitis ("TM"). Petitioner further alleges that he...
UNPUBLISHED DECISION 1 CHRISTIAN J. MORAN, Special Master. On August 25, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Megan Wilcox on December 14, 2011. In her petition, petitioner alleges that the human papillomavirus ("HPV") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), and which she received on December 29, 2008 caused her to develop systemic lupus erythematosus ("SLE"). Petitioner further...
UNPUBLISHED DECISION 1 CHRISTIAN J. MORAN, Special Master. On December 29, 2014, the respondent filed a joint stipulation concerning the petition for compensation filed by Penny Rackley. In her petition, Ms. Rackley alleges that the influenza ("flu") vaccine and the pneumococcal vaccine, which are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), and which she received on October 25, 2013, caused her to suffer a shoulder injury. Petitioner further alleges that she...
DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN, Special Master. On September 25, 2013, Michael Dolloff filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that as a result of receiving the influenza ("flu") vaccine on October 20, 2010, he suffered from Guillain-Barr syndrome ("GBS"), and that he experienced the effects of this injury for more than six months. Respondent denies that the flu vaccine caused Petitioner's alleged...
FACT RULING ON PROOF OF VACCINATION 1 BRIAN H. CORCORAN, Special Master. In this petition, initially filed on September 17, 2013, Americo Gambo (representative of the deceased vaccinee, Frances Chambers Gambo (Mr. Gambo's spouse)) seeks to establish that the influenza ("flu") vaccine that Mrs. Gambo received in October of 2010 caused her to develop some form of demyelinating injury which in turn resulted in her death on December 4, 2011. However, Petitioner has been unable to locate...
DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN, Special Master. On September 6, 2013, Dawayne Rowell filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that as a result of receiving the influenza ("flu") vaccine on October 16, 2010, he suffered from Transverse Myelitis ("TM") and its sequelae. Respondent denies that the flu vaccine caused Petitioner's TM and residual effects. Respondent further denies that the flu vaccine...
DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN, Special Master. On April 23, 2013, James Demoski filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that as a result of receiving the trivalent influenza ("flu") vaccine on December 7, 2010, he suffered from Guillain-Barr Syndrome ("GBS") and its sequelae. Respondent denies that the flu vaccine caused Petitioner's GBS and residual effects. Respondent further denies that the flu...
DECISION AWARDING DAMAGES AND ATTORNEYS' FEES 1 BRIAN H. CORCORAN, Special Master. On November 29, 2012, Kornoda J. Cook filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that as a result of receiving the influenza ("flu") vaccine on November 10, 2011, she suffered from Guillain-Barr Syndrome ("GBS") and its sequelae. Respondent denies that the flu vaccine caused Petitioner's GBS and residual effects. Respondent further...
DECISION AWARDING ATTORNEY'S FEES AND COSTS 1 DENISE K. VOWELL, Chief Special Master. In response to petitioners' motion for a decision on the record in this case, I issued a decision dismissing their claim on December 19, 2013. On April 23, 2014, petitioners filed an application for final attorney's fees and costs. I find that the claim was brought in good faith and upon a reasonable basis and, for the reasons set forth below, that an award of fees and costs in the amount of $44,089.37 is...
