VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00489
Package ID: USCOURTS-cofc-1_08-vv-00489
Petitioner: E.J.
Filed: 2014-05-07
Decided: 2014-05-30
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: compensated
Award amount USD: 12000

AI-assisted case summary:
Koren McKenzie, as parent and natural guardian of E.J., a minor, filed a petition under the National Vaccine Injury Compensation Program alleging that vaccinations caused autism. The respondent, the Secretary of Health and Human Services, did not concede causation. The parties subsequently filed a joint stipulation of facts concerning attorneys' fees and costs. The Chief Special Master, Denise Kathryn Vowell, issued a decision on May 30, 2014, approving a stipulated award of $12,000.00. This amount was to be paid by check jointly to petitioner Koren McKenzie and her counsel, Robert J. Krakow, for petitioner's attorney fees and costs. The Special Master found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The award was intended to cover all legal expenses, including advanced costs and fees for legal services, and attorneys were prohibited from charging additional amounts. The decision noted that the case was not to be published. The public decision does not describe the specific vaccines administered, the dates of vaccination, the onset of symptoms, the specific clinical progression, or any medical experts consulted.

Theory of causation field:
The petition alleged that childhood vaccinations caused autism in the minor E.J. The parties reached a joint stipulation for compensation, and the case was resolved with an award of $12,000.00 for attorneys' fees and costs, payable to the petitioner and her counsel, Robert J. Krakow. The respondent denied causation. The public decision does not specify the vaccine(s) involved, the vaccination dates, the alleged mechanism of injury, or any medical experts or evidence presented regarding causation. The award was made pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1) after the Chief Special Master found the petition was brought in good faith with a reasonable basis. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 30, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_08-vv-00489-0
Date issued/filed: 2014-05-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/07/2014) regarding 63 DECISION Fees Stipulation/Proffer. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:08-vv-00489-UNJ Document 66 Filed 05/30/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 08-0489V
Filed: May 7, 2014
Not To Be Published
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KOREN MCKENZIE, *
parent and natural guardian of *
E.J., a minor, *
*
Petitioner, * Autism; Stipulation;
* Attorneys’ Fees and Costs
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert J. Krakow, Esq., Law Office of Robert J. Krakow, P.C., New York, NY for
petitioner.
Ann D. Martin, Esq., US Department of Justice, Washington, DC for respondent.
1
DECISION ON ATTORNEYS’ FEES AND COSTS
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision dismissing this petition on January 17, 2014. On May 6, 2014, the parties
filed a stipulation of facts concerning attorneys’ fees and costs. In lieu of filing a
General Order 9 statement, petitioner’s counsel represents that he will reimburse
1 Because this unpublished decision 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 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 42
U.S.C. § 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.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:08-vv-00489-UNJ Document 66 Filed 05/30/14 Page 2 of 2
petitioner for any personal litigation costs compensable under the Vaccine Act from the
award of attorneys’ fees and costs in this case. Stipulation at ¶ 5.
I find 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.
3
Accordingly, I hereby award the total $12,000.00 in the form of a check
payable jointly to petitioner, Koren McKenzie and petitioner’s counsel of record,
Robert J. Krakow, for petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2