In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * * * * *

SINIDU ROBI and *

YILAK KEBEBEW, legal *

representatives of a minor child, *

DAGIM YILAK, * No. 12-352V

* Special Master Christian J. Moran

Petitioners, *

*

v. * Filed: July 1, 2014

*

SECRETARY OF HEALTH * Decision on the record;

AND HUMAN SERVICES, * insufficient proof of causation; 

* Table encephalopathy; seizure

* disorder; infantile spasms.

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * 

Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner; 

Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for 

respondent. 

UNPUBLISHED DECISION DENYING COMPENSATION1

Sinidu Robi and Yilak Kebebew filed a petition for compensation under the

National Childhood Vaccine Injury Compensation Program (the “Vaccine Act” or

“Program”), 42 U.S.C. § 300aa-10 through 34 (2006), alleging that their son, 

Dagim, received the combined diphtheria-tetanus-acellular pertussis/ haemophilus 

influenzae type B/ inactivated polio (“DTaP-HIB-IPV”), hepatitis B, Prevnar 

pneumococcal 7-valent conjugate and rotavirus vaccines on June 18, 2009. The 

 

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 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the 

parties have 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website. 
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petition proposed two causes of action. First, the petitioners alleged that Dagim 

suffered an on-Table encephalopathy. Petition at ¶¶ 3-4, 6-9. Alternatively, 

petitioners alleged that the vaccines were the cause-in-fact of other injuries, 

including seizures, infantile spasms with intractable epilepsy, hypertonia, and 

developmental delays. Id. at 5. The information in the record, however, does not 

show entitlement to an award under the Program.

I. Procedural History

An initial status conference was held on July 17, 2012. During this 

conference, the deadline for respondent’s Rule 4 report was suspended so 

petitioners could collect additional medical records. In support of their petition, 

petitioners periodically filed several medical records (exhibits 1-13) and affidavits 

supporting those records (exhibits 14-15), followed by a statement of completion 

on September 17, 2012. 

Respondent filed her report concluding that petitioners failed to fulfill the 

criteria for a Vaccine Table injury and failed to demonstrate by a preponderance of 

the evidence that Dagim’s seizure disorder was caused by the various vaccines 

received on June 18, 2009. Resp’t’s Rep., filed Nov. 8, 2012, at 14. With respect 

to the on-Table claim, respondent argued that no contemporaneously created 

medical records supported the allegation that Dagim experienced an 

encephalopathy within the time listed on the Vaccine Injury Table. Id. at 10. With 

respect to petitioners’ other claim, respondent argued that petitioners did not 

establish a medical theory causally connecting the vaccines to Dagim’s other 

injuries. Id. 

A status conference was held on November 20, 2012. In this conference, 

petitioners were ordered to file a status report regarding their intentions to pursue 

the on-Table claim. Petitioners did file this report, which stated that they would 

file additional affidavits. Petitioners filed supplemental affidavits (exhibits 17-19) 

on January 16, 2013. 

A factual hearing was held June 20, 2013, in Columbus, Ohio, where 

Dagim’s mother, father, brother, and aunt testified. Three of the witnesses testified 

with the assistance of an interpreter. On April 4, 2014, Findings of Fact were 

issued stating that Dagim’s excessive eye blinking began on August 10, 2009. 

Findings of Fact at 8. This date is 53 days after his June 18, 2009 vaccinations and 

four days before his next set of vaccinations. 
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A status conference was held on April 24, 2014, during which petitioners 

indicated they intended to seek an expert to support their causation-in-fact cause of 

action. The petitioners requested 60 days to search for an expert, and, 

consequently, were ordered to file their expert report by June 25, 2014. On June 

27, 2014, petitioners moved for a decision dismissing their petition. Petitioners 

state that although they disagree with the undersigned’s finding of fact as to the 

date of onset, they “have chosen not to pursue further proceedings in the case.” 

Pet’r’s Mot., filed June 27, 2014, at 1-2. Accordingly, this case is now ready for 

adjudication.

II. Analysis

To receive compensation under the National Vaccine Injury Compensation 

Program (hereinafter “the Program”), petitioners must prove either 1) that Dagim

suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –

corresponding to her 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). 

As indicated above, the April 4, 2014 Findings of Fact credited medical 

records created in 2009 that indicated that Dagim’s neurologic problems began 

weeks after his June 18, 2009 vaccination. The Findings of Fact did not accept as 

persuasive the petitioners’ recollections from years later. The Findings of Fact 

essentially prevented the petitioners from prevailing upon an on-Table claim. 

Thus, petitioners are necessarily pursuing an off-Table / causation-in-fact claim. 

Under the Vaccine Act, a 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. 

§ 300aa-13(a)(1). In this case, because the medical records do not support 

petitioners’ claim, a medical opinion must be offered in support. However, 

petitioners have offered no such opinion.

Accordingly, it is clear from the record in this case that petitioners failed to 

demonstrate either that Dagim 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.

Any questions may be directed to my law clerk, Marc Langston, at (202) 

357-6392.
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IT IS SO ORDERED.

S/Christian J. Moran

Christian J. Moran

Special Master