VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00763
Package ID: USCOURTS-cofc-1_08-vv-00763
Petitioner: A.R.C.
Filed: 2008-10-27
Decided: 2014-03-27
Vaccine: DTaP, IPV, MMR, Hib, PCV
Vaccination date: 2005-11-08
Condition: permanent spastic tetraparesis and leukodystrophy
Outcome: compensated
Award amount USD: 500000

AI-assisted case summary:
On October 27, 2008, Wendy N. Strand, as the parent and legal representative of her minor daughter, A.R.C., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.R.C. suffered permanent spastic tetraparesis and leukodystrophy as a result of receiving diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), measles-mumps-rubella (MMR), Haemophilus influenzae type B (Hib), and pneumococcal 7-valent conjugate (PCV) vaccines on November 8, 2005. It was alleged that A.R.C. experienced residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.R.C.'s alleged injuries or current condition. Despite this denial, the parties filed a joint stipulation on March 25, 2014, to resolve the issue of damages. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court on March 27, 2014. The total award amounted to $500,000.00. This included a lump sum of $155,198.01 payable jointly to the petitioner and the New Jersey Department of Medical Assistance Services to reimburse a Medicaid lien. An additional lump sum of $344,801.99 was payable to the petitioner as the guardian or conservator of the estate of Amaya Covin, for the benefit of A.R.C. Petitioner was represented by Ramon Rodriguez III of Rawls, McNelis & Mitchell, P.C. Subsequently, on September 25, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Nora Beth Dorsey approved this stipulation on September 29, 2014. The total award for attorneys' fees and costs was $88,000.00, payable jointly to the petitioner and her attorney, Ramon Rodriguez, III. Additionally, $2,577.50 was awarded to the petitioner only, representing reimbursable costs advanced by her counsel. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the proposed mechanism of injury.

Theory of causation field:
Petitioner alleged that on November 8, 2005, minor A.R.C. received DTaP, IPV, MMR, Hib, and PCV vaccines and subsequently suffered permanent spastic tetraparesis and leukodystrophy with residual effects lasting more than six months. Respondent denied that the vaccines caused A.R.C.'s injuries or current condition. The parties resolved the case via a joint stipulation on damages, which Special Master Nora Beth Dorsey adopted on March 27, 2014. The award totaled $500,000.00, comprising $155,198.01 for a New Jersey Medicaid lien and $344,801.99 for A.R.C.'s benefit, payable to petitioner as guardian/conservator. Attorneys' fees and costs totaling $88,000.00 were awarded, plus $2,577.50 in costs, approved by Special Master Dorsey on September 29, 2014. Petitioner's counsel was Ramon Rodriguez III of Rawls, McNelis & Mitchell, P.C. The public decision does not detail the specific medical experts, the proposed mechanism of injury, or the specific medical evidence considered in the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_08-vv-00763-0
Date issued/filed: 2014-04-17
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 03/27/2014) regarding 86 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:08-vv-00763-UNJ Document 90 Filed 04/17/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 08-763V
Filed: March 27, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
WENDY N. STRAND, as parent and legal *
representative of her minor daughter, A.R.C., * Special Master Dorsey
*
Petitioner, * Joint Stipulation on Damages;
* Diptheria-Tetanus-Acellular
v. * Pertussis (DTaP) Vaccine; Inactive
* Polio Virus (IPV) Vaccine; Measles-
SECRETARY OF HEALTH * Mumps-Rubella (MMR) Vaccine;
AND HUMAN SERVICES, * Haemophilus Influenzae Type B
* (Hib) Vaccine; Pneumococcal
Respondent. * 7-Valent Conjugate (PCV) Vaccine;
* Permanent Spastic Tetraparesis;
* * * * * * * * * * * * * * * * Leukodystrophy.
Ramon Rodriguez, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for petitioner.
Tara J. Kilfoyle, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On October 27, 2008, Wendy Strand (petitioner) filed a petition on behalf of her minor
daughter, A.R.C., 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 diphtheria-tetanus-
acellular pertussis (“DTaP”), inactive polio virus (“IPV”), measles-mumps-rubella (“MMR”),
haemophilus influenzae type B (“Hib”), and pneumococcal 7-valent conjugate (“PCV”) vaccines
on November 8, 2005, A.R.C. suffered from permanent spastic tetraparesis and leukodystrophy.
Petitioner alleges that A.R.C. experienced the residual effects of these injuries for more than six
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 1:08-vv-00763-UNJ Document 90 Filed 04/17/14 Page 2 of 9
months.
On March 25, 2014, the parties filed a stipulation stating that a decision should be entered
awarding compensation.
Respondent denies that A.R.C. suffers from a leukodystrophy, spastic tetraparesis, or a
“novel case of vaccination induced central nervous white matter injury,” or that the DTaP, IPV,
MMR, Hib, and PCV vaccines are the cause of A.R.C.’s injuries or her current condition.
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 stipulated that petitioner shall receive the following compensation:
A lump sum of $155,198.01, for reimbursement of the State of New Jersey Medicaid lien.
The award shall be in the form of a check payable to petitioner and
New Jersey Department of Medical Assistance Services
P.O. Box 416522
Boston, MA 02241-5522
Telephone: (877) 262-7835
Re: Amaya Covin, Medicaid ID No. 800000030876; and
A lump sum of $344,801.99 in the form of a check payable to petitioner as guardian or
conservator of the estate of Amaya Covin, for the benefit of Amaya Covin. These
amounts represent 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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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

CCaassee 11::0088--vvvv--0000776633--UUNNJJ DDooccuummeenntt 8950 FFiilleedd 0034//2157//1144 PPaaggee 13 ooff 79

CCaassee 11::0088--vvvv--0000776633--UUNNJJ DDooccuummeenntt 8950 FFiilleedd 0034//2157//1144 PPaaggee 24 ooff 79

CCaassee 11::0088--vvvv--0000776633--UUNNJJ DDooccuummeenntt 8950 FFiilleedd 0034//2157//1144 PPaaggee 35 ooff 79

CCaassee 11::0088--vvvv--0000776633--UUNNJJ DDooccuummeenntt 8950 FFiilleedd 0034//2157//1144 PPaaggee 46 ooff 79

CCaassee 11::0088--vvvv--0000776633--UUNNJJ DDooccuummeenntt 8950 FFiilleedd 0034//2157//1144 PPaaggee 57 ooff 79

CCaassee 11::0088--vvvv--0000776633--UUNNJJ DDooccuummeenntt 8950 FFiilleedd 0034//2157//1144 PPaaggee 68 ooff 79

CCaassee 11::0088--vvvv--0000776633--UUNNJJ DDooccuummeenntt 8950 FFiilleedd 0034//2157//1144 PPaaggee 79 ooff 79

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DOCUMENT 2: USCOURTS-cofc-1_08-vv-00763-1
Date issued/filed: 2014-10-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/29/2014) regarding 94 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:08-vv-00763-UNJ Document 96 Filed 10/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 29, 2014
* * * * * * * * * * * * * * UNPUBLISHED
WENDY N. STRAND, as parent and legal *
representative of her minor daughter, * No. 08-763V
A.R.C., *
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Tara J. Kilfoyle, U.S. Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On October 27, 2008, Wendy Strand (“petitioner”) filed a petition on behalf of her minor
daughter, A.R.C., 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 diphtheria-tetanus-
acellular pertussis (“DTaP”), inactive polio virus (“IPV”), measles-mumps-rubella (“MMR”),
haemophilus influenzae type B (“Hib”), and pneumococcal 7-valent conjugate (“PCV”) vaccines
on November 8, 2005, A.R.C. suffered from permanent spastic tetraparesis and leukodystrophy.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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 1:08-vv-00763-UNJ Document 96 Filed 10/21/14 Page 2 of 2
On March 27, 2014, a decision was entered based on the parties’ stipulation awarding
compensation to petitioner.
On September 25, 2014, the parties filed a Stipulation of Facts Concerning Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a total award to
petitioner of attorneys’ fees and costs in the amount of $88,000.00. In accordance with General
Order #9, petitioner’s counsel represents that petitioner personally advanced $2,577.50, in
reimbursable costs in pursuit of her claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Ramon Rodriguez, III, of Rawls, McNelis and Mitchell, P.C., in the amount of
$88,000.00;
(2) in the form of a check payable to petitioner only in the amount of $2,577.50.
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/Nora Beth Dorsey
Nora Beth Dorsey
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