VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00111
Package ID: USCOURTS-cofc-1_07-vv-00111
Petitioner: L.B.
Filed: 2007-02-16
Decided: 2015-03-06
Vaccine: MMR, varicella
Vaccination date: 2004-12-22
Condition: Opsoclonus Myoclonus syndrome (“OMS”)
Outcome: compensated
Award amount USD: 463059.71

AI-assisted case summary:
On February 16, 2007, Kelly Butland, as the legal representative of her minor daughter L.B., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that L.B. developed Opsoclonus Myoclonus syndrome (OMS) following the administration of measles-mumps-rubella (MMR) and varicella vaccines on December 22, 2004. A previously assigned special master ruled on June 19, 2009, that L.B. was entitled to compensation. The respondent maintained a contrary position but agreed not to seek review of the entitlement determination after it was memorialized as a reviewable decision. On March 4, 2015, the parties filed a joint stipulation regarding damages, which Special Master Lisa Hamilton-Fieldman adopted as the court's decision on March 6, 2015. The award included a lump sum of $437,534.71, representing compensation for lost future earnings and pain and suffering ($425,000.00) and first-year life care expenses ($12,534.71), payable to Petitioner as guardian or conservator of L.B.'s estate. Additionally, Petitioner received $6,281.00 for past unreimbursable expenses. Two lien payments were ordered: $13,034.00 payable jointly to Petitioner and Holloway Credit Solutions, LLC, and $6,210.00 payable jointly to Petitioner and Children's Hospital. The stipulation also provided for an annuity, the purchase price of which was not stated. Petitioner was represented by Curtis R. Webb. Separately, on March 19, 2015, the parties filed a stipulation for attorneys' fees and costs, which Special Master Hamilton-Fieldman approved on March 20, 2015. The award for attorneys' fees and costs was $130,000.00, payable jointly to Petitioner and her counsel, Curtis R. Webb. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation. The Special Master adopted the parties' stipulation for damages and attorneys' fees and costs.

Theory of causation field:
Petitioner alleged that L.B. suffered from Opsoclonus Myoclonus syndrome (OMS) as a result of receiving measles-mumps-rubella (MMR) and varicella vaccines on December 22, 2004. A prior special master found entitlement to compensation on June 19, 2009. The respondent maintained a contrary position but did not seek review after the entitlement determination was memorialized. Special Master Lisa Hamilton-Fieldman adopted a damages stipulation on March 6, 2015, and an attorneys' fees and costs stipulation on March 20, 2015. The total award was $463,059.71 in lump sums ($437,534.71 for lost future earnings, pain and suffering, and first-year life care; $6,281.00 for past expenses; $13,034.00 for Holloway Credit Solutions lien; $6,210.00 for Children's Hospital lien), plus an annuity with an unstated purchase price. Attorneys' fees and costs totaled $130,000.00. The public decision does not detail the specific medical experts, the proposed mechanism of causation, or the evidence presented to support the theory of causation beyond the initial entitlement finding. Petitioner was represented by Curtis R. Webb.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_07-vv-00111-0
Date issued/filed: 2015-03-27
Pages: 13
Docket text: PUBLIC DECISION (Originally filed: 03/06/2015) regarding 120 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:07-vv-00111-UNJ Document 128 Filed 03/27/15 Page 1 of 13
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 07-111V
Filed: March 6, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KELLY BUTLAND, as the Legal *
Representative of Her Minor Daughter, L.B., *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Measles-Mumps-Rubella (“MMR”)
* Vaccine; Opsoclonus Myoclonus
SECRETARY OF HEALTH * Syndrome (“OMS”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Curtis Webb, Webb, Webb, & Guerry, Twin Falls, Idaho, for Petitioner.
Traci Patton, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On February 16, 2007, Kelly Butland (“Petitioner”) filed a petition on behalf of her minor
daughter, L.B., 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 the administration of measles-
mumps rubella (“MMR”) and Varicella vaccines on December 22, 2004, L.B. suffered from
Opsoclonus Myoclonus syndrome (“OMS”). On June 19, 2009, the previously-assigned special
master ruled that Petitioner is entitled to compensation.
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 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,
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.
1

Case 1:07-vv-00111-UNJ Document 128 Filed 03/27/15 Page 2 of 13
On March 4, 2015, the parties filed a stipulation regarding the amount of damages to be
awarded to Petitioner. Respondent continues to maintain her contrary position, but will not seek
review of the undersigned’s determination of entitlement upon its memorialization as a
reviewable decision. The parties thus 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 $437,534.71, which amount represents compensation for lost future
earnings and pain and suffering ($425,000.00) and first year life care expenses
($12,534.71), in the form of a check payable to Petitioner as guardian/conservator of
the estate of L.B. for the benefit of L.B. No payment shall be made until Petitioner
provides Respondent with documentation establishing that she has been appointed
as the guardian/conservator of L.B.’s estate;
A lump sum of $6,281.00, which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to Petitioner, Kelly
Butland;
A lump sum of $13,034.00, which amount represents reimbursement of a lien for
services provided to L.B., in the form of a check payable jointly to Petitioner and
Holloway Credit Solutions, LLC
P.O. Box 230609
Montgomery, AL 36123-5609
Attn: Ms. Lang
Petitioner agrees to endorse the check to Holloway Credit Solutions, LLC.
A lump sum of $6,210.00, which amount represents reimbursement of a lien for
services provided to L.B., in the form of a check payable jointly to Petitioner and
Children’s Hospital
P.O. Box 2252
Birmingham, AL 35246-0095
Medical Reference No. 1237366
Petitioner agrees to endorse the check to Children’s Hospital.
An amount sufficient to purchase the annuity contract described in paragraph 10 of
the Stipulation, paid to the life insurance company from which the annuity will be
purchased.
Stipulation ¶ 8.
2

Case 1:07-vv-00111-UNJ Document 128 Filed 03/27/15 Page 3 of 13
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.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
3

CCaassee 11::0077--vvvv--0000111111--UUNNJJ DDooccuummeenntt 111298 FFiilleedd 0033//0247//1155 PPaaggee 14 ooff 1103

CCaassee 11::0077--vvvv--0000111111--UUNNJJ DDooccuummeenntt 111298 FFiilleedd 0033//0247//1155 PPaaggee 25 ooff 1103

CCaassee 11::0077--vvvv--0000111111--UUNNJJ DDooccuummeenntt 111298 FFiilleedd 0033//0247//1155 PPaaggee 36 ooff 1103

CCaassee 11::0077--vvvv--0000111111--UUNNJJ DDooccuummeenntt 111298 FFiilleedd 0033//0247//1155 PPaaggee 47 ooff 1103

CCaassee 11::0077--vvvv--0000111111--UUNNJJ DDooccuummeenntt 111298 FFiilleedd 0033//0247//1155 PPaaggee 58 ooff 1103

CCaassee 11::0077--vvvv--0000111111--UUNNJJ DDooccuummeenntt 111298 FFiilleedd 0033//0247//1155 PPaaggee 69 ooff 1103

CCaassee 1 1:0:077--vvvv--0000111111--UUNNJJ D Dooccuummeennt t1 12189 F Filieledd 0 033/2/074/1/155 P Paaggee 1 70 o of f1 103

CCaassee 1 1:0:077--vvvv--0000111111--UUNNJJ D Dooccuummeennt t1 12189 F Filieledd 0 033/2/074/1/155 P Paaggee 1 81 o of f1 103

CCaassee 1 1:0:077--vvvv--0000111111--UUNNJJ D Dooccuummeennt t1 12189 F Filieledd 0 033/2/074/1/155 P Paaggee 1 92 o of f1 103

CCaassee 11::0077--vvvv--0000111111--UUNNJJ DDooccuummeenntt 111298 FFiilleedd 0033//0247//1155 PPaaggee 1103 ooff 1103

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DOCUMENT 2: USCOURTS-cofc-1_07-vv-00111-1
Date issued/filed: 2015-04-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/20/2015) regarding 123 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:07-vv-00111-UNJ Document 129 Filed 04/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 07-111V
Filed: March 20, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KELLY BUTLAND, as the Legal *
Representative of Her Minor Daughter, L.B., *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested To
* Which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Curtis R. Webb, Twin Falls, Idaho, for Petitioner.
Traci Patton, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On February 16, 2007, Kelly Butland (“Petitioner”) filed a petition on behalf of her minor
daughter, L.B., 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 the administration of measles-
mumps rubella (“MMR”) and Varicella vaccines on December 22, 2004, L.B. suffered from
Opsoclonus Myoclonus syndrome (“OMS”). On June 19, 2009, the previously-assigned special
master ruled that Petitioner is entitled to compensation, and on March 6, 2015, the undersigned
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 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,
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.
1

Case 1:07-vv-00111-UNJ Document 129 Filed 04/13/15 Page 2 of 2
issued a decision awarding compensation to Petitioner.
On March 19, 2015, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have agreed to an award of $130,000.00 for attorneys’ fees and costs. In accordance
with General Order Number 9, Petitioner represents that she has not personally incurred any
expenses 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 $130,000.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Curtis R.
Webb.
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.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 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