VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_06-vv-00671
Package ID: USCOURTS-cofc-1_06-vv-00671
Petitioner: Aiden Drake Follett
Filed: 2006-09-25
Decided: 2014-11-26
Vaccine: DTaP; Hib; pneumococcal conjugate; polio
Vaccination date: 2004-09-24
Condition: death allegedly following DTaP, Hib, pneumococcal conjugate, and polio vaccines
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
On September 25, 2006, Melissa and Paul Follett filed a petition under the National Vaccine Injury Compensation Program on behalf of their deceased son, Aiden Follett. The case caption was later amended to identify Melissa Atwood as the sole petitioner and personal representative of the estate of Aiden Drakose Exavier Follett. Petitioners alleged that Aiden died as a result of diphtheria-tetanus-pertussis (DTaP), Haemophilus Influenzae Type B (Hib), pneumococcal conjugate, and polio vaccines administered on September 24, 2004. Respondent denied that Aiden suffered any injury as a result of the vaccinations or that any vaccine was a cause or contributing factor in his death. The parties subsequently filed a joint stipulation for compensation. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the Court's decision on November 26, 2014. The compensation awarded was a lump sum of $67,500.00, payable to the petitioner, representing all damages available under the Vaccine Act. The public record does not specify Aiden's date of birth, exact age, date of death, pre-vaccination health status, symptoms following vaccination, emergency medical response, autopsy findings, treating physicians, or expert opinions. Petitioner was represented by Robert T. Moxley of Cheyenne, Wyoming. Respondent was represented by Michael Milmoe of the United States Department of Justice. On July 16, 2015, Special Master Hamilton-Fieldman issued a separate decision awarding $31,142.00 in attorneys' fees and costs, payable jointly to the petitioner and her counsel, based on a stipulation filed by the parties.

Theory of causation field:
The petition alleged that Aiden Follett died as a result of DTaP, Hib, pneumococcal conjugate, and polio vaccines administered on September 24, 2004. The respondent denied any vaccine-related injury or causation of death. The parties reached a joint stipulation for compensation, which Special Master Lisa Hamilton-Fieldman adopted on November 26, 2014. The public record does not contain details regarding the specific biological mechanism of injury, expert testimony, clinical course, autopsy findings, or other medical evidence. The compensation award was $67,500.00. A subsequent decision on July 16, 2015, awarded $31,142.00 in attorneys' fees and costs. Petitioner's counsel was Robert T. Moxley; respondent's counsel was Michael Milmoe. Special Master Lisa Hamilton-Fieldman presided over both decisions.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_06-vv-00671-0
Date issued/filed: 2014-12-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/26/2014) regarding 96 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:06-vv-00671-UNJ Document 99 Filed 12/19/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 06-671V
Filed: November 26, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
MELISSA ATWOOD, personal *
representative of the Estate of AIDEN * Special Master Hamilton-Fieldman
DRAKOSE EXAVIER FOLLETT, *
*
Petitioner, *
* Joint Stipulation on Damages;
v. * Diptheria, Tetanus, Pertussis
* (“DTaP) Vaccine; Haemophilus
SECRETARY OF HEALTH * Influenzae Type B (“HiB”) Vaccine;
AND HUMAN SERVICES, * Pneumococcal Conjugate Vaccine;
* Polio Vaccine; Death.
Respondent. *
* * * * * * * * * * * * * * * *
Robert T. Moxley, Robert T. Moxley, P.C., Cheyenne, WY, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 25, 2006, Melissa and Paul Follett2 filed a petition on behalf their
deceased son, Aiden Follett, pursuant to the National Vaccine Injury Compensation Program.3
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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).
2 Although Melissa and Paul Follett were initially named as Petitioners, this case’s caption was
later amended to reflect Melissa Atwood as the sole Petitioner on behalf of her son, Aiden
Follett. See Order dated March 13, 2014.
3 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
1

Case 1:06-vv-00671-UNJ Document 99 Filed 12/19/14 Page 2 of 7
42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that Aiden died as a result of the
administration of diphtheria, tetanus, pertussis (“DTaP”), Haemophilus Influenzae Type B
(“HiB”), Pneumococcal conjugate, and Polio vaccines on September 24, 2004.
On November 25, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
Respondent denies that Aiden suffered any injury as a result of the multiple vaccinations
he received on September 24, 2004, and denies that any vaccine was either a cause or a
contributing factor in his death. Nevertheless, the parties agree to the joint stipulation, attached
hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $67,500.00, in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
4 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

CCaassee 11::0066--vvvv--0000667711--UUNNJJ DDooccuummeenntt 9959 FFiilleedd 1112//2159//1144 PPaaggee 13 ooff 57

CCaassee 11::0066--vvvv--0000667711--UUNNJJ DDooccuummeenntt 9959 FFiilleedd 1112//2159//1144 PPaaggee 24 ooff 57

CCaassee 11::0066--vvvv--0000667711--UUNNJJ DDooccuummeenntt 9959 FFiilleedd 1112//2159//1144 PPaaggee 35 ooff 57

CCaassee 11::0066--vvvv--0000667711--UUNNJJ DDooccuummeenntt 9959 FFiilleedd 1112//2159//1144 PPaaggee 46 ooff 57

CCaassee 11::0066--vvvv--0000667711--UUNNJJ DDooccuummeenntt 9959 FFiilleedd 1112//2159//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_06-vv-00671-1
Date issued/filed: 2015-08-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/16/2015) regarding 105 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:06-vv-00671-UNJ Document 108 Filed 08/10/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 06-671V
Filed: July 16, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
MELISSA ATWOOD, personal *
representative of the Estate of AIDEN * Special Master Hamilton-Fieldman
DRAKOSE EXAVIER FOLLETT, *
*
Petitioner, * Attorneys’ Fees and Costs;
* Reasonable Amount Requested
v. * to which Respondent Does Not
* Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Robert T. Moxley, Robert T. Moxley, P.C., Cheyenne, WY, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 25, 2006, Melissa and Paul Follett2 filed a petition on behalf their
deceased son, Aiden Follett, pursuant to the National Vaccine Injury Compensation Program.3
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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).
2 Although Melissa and Paul Follett were initially named as Petitioners, this case’s caption was
later amended to reflect Melissa Atwood as the sole Petitioner on behalf of her son, Aiden
Follett. See Order dated March 13, 2014.
3 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
1

Case 1:06-vv-00671-UNJ Document 108 Filed 08/10/15 Page 2 of 2
42 U.S.C. §§ 300aa-1 to -34 (2006). The Folletts alleged that Aiden died as a result of the
administration of diphtheria, tetanus, pertussis (“DTaP”), Haemophilus Influenzae Type B
(“HiB”), Pneumococcal conjugate, and Polio vaccines on September 24, 2004. On November
26, 2014, the undersigned issued a decision awarding compensation to Melissa Atwood
(“Petitioner”).
On July 15, 2015, Respondent filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $31,142.00 in
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that
she has not incurred any costs in pursuit of her 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 $31,142.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Robert T.
Moxley.
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.4
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
4 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