VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00518
Package ID: USCOURTS-cofc-1_09-vv-00518
Petitioner: N.D.
Filed: 2014-07-01
Decided: 2015-07-28
Vaccine: varicella
Vaccination date: 
Condition: encephalitis, intractable seizure disorder, and personality and behavior changes
Outcome: compensated
Award amount USD: 544808

AI-assisted case summary:
On August 7, 2009, Joseph and Cynthia Dagenhart, as parents and legal representatives of their minor daughter N.D., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that N.D. suffered encephalitis, an intractable seizure disorder, and personality and behavior changes as a result of receiving the varicella vaccine. The respondent, the Secretary of Health and Human Services, denied that the varicella vaccine caused N.D.'s alleged conditions. However, both parties reached a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded a lump sum of $5,547.32 to reimburse the Commonwealth of Virginia Medicaid lien, payable jointly to petitioners and the Department of Medical Assistance Services. Additionally, a lump sum of $500,000.00 was awarded, payable to the petitioners, to compensate for all remaining damages available under the Vaccine Act. On April 24, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioners requested reimbursement of $39,320.94 for attorney's fees and costs, an amount to which the respondent did not object. Petitioners also represented that they personally incurred $5,470.00 in expenses. Special Master Corcoran approved these amounts as reasonable. An award of $39,320.94 was to be made payable jointly to petitioners and their counsel, Ramon Rodriguez, III, Esq., and an award of $5,470.00 was to be made payable to the petitioners. These payments represented all attorney's fees and costs available under the Act. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

Theory of causation field:
Petitioners alleged that the varicella vaccine caused N.D. to suffer encephalitis, an intractable seizure disorder, and personality and behavior changes. The respondent denied causation. The parties reached a joint stipulation for compensation, which was approved by Special Master Brian H. Corcoran on July 28, 2015. The stipulation awarded a total of $544,808.00 ($500,000.00 for damages, $5,547.32 for Medicaid lien reimbursement, $39,320.94 for attorney's fees and costs, and $5,470.00 for petitioners' expenses). The public decision does not detail the specific medical experts, clinical findings, or the proposed mechanism of injury, other than stating that encephalitis is a recognized rare adverse event from the varicella vaccine. The case was compensated by stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_09-vv-00518-0
Date issued/filed: 2014-07-22
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 07/01/2014) regarding 56 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:09-vv-00518-UNJ Document 59 Filed 07/22/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 9-518V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH DAGENHART and CYNTHIA DAGENHART, *
as Parents and Legal Representatives of their minor * Filed: July 1, 2014
daughter N.D., *
* Decision by Stipulation;
Petitioners, * Damages; Varicella Vaccine;
* Encephalitis; Intractable
v. * Seizure Disorder; Personality
* and Behavior Changes
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawl, McNelis and Mitchell, P.C., Richmond, VA, for Petitioners.
Lynn Ricciardella, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On August 7, 2009, Petitioners Joseph and Cynthia Dagenhart filed a petition on behalf
of their minor daughter N.D., seeking compensation under the National Vaccine Injury
Compensation Program (“the Vaccine Program”).2 Petitioners allege that N.D. suffered
1 Because this decision contains a reasoned explanation for my action in this case, I will 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)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B),
however, the parties may object to the published decision’s inclusion of certain kinds of
confidential information. Specifically, under 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 whole 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,

Case 1:09-vv-00518-UNJ Document 59 Filed 07/22/14 Page 2 of 9
encephalitis, an intractable seizure disorder, and personality and behavior changes as a result of
receiving the varicella vaccine.
Respondent denies that N.D.’s encephalitis, intractable seizure disorder, personality and
behavior changes or any related medical problems were caused by the receipt of the varicella
vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a
stipulation filed July 1, 2014 that the issues before them can be settled, and that a decision should
be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
a) A lump sum of $5,547.32, which amount represents reimbursement of the
Commonwealth of Virginia Medicaid lien, in the form of a check payable
jointly to petitioners and
Department of Medical Assistance Services
Accounts Receivable Unit, TPLC, 5th Floor
600 E. Broad Street
Richmond, VA 23219
Petitioners agree to endorse this check to the Department of Medical
Assistance Services; and
b) A lump sum of $500,000.00 in the form of a check payable to Petitioners. This
amount represents compensation for all remaining damages that would be
available under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made
to Petitioners. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or
separately) filing notice(s) renouncing their right to seek review.

Case 1:09-vv-00518-UNJ Document 59 Filed 07/22/14 Page 3 of 9
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master

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Case 1:09-vv-00518-UNJ Document 59 Filed 07/22/14 Page 9 of 9

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DOCUMENT 2: USCOURTS-cofc-1_09-vv-00518-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/24/2015) Regarding 63 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:09-vv-00518-UNJ Document 66 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-518V
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JOSEPH DAGENHART and CYNTHIA DAGENHART, *
as Parents and Legal Representatives of their *
minor daughter, N.D., * Filed: April 24, 2015
*
Petitioners, *
* Attorney’s Fees and Costs;
v. * Decision
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for Petitioners.
Lynn E. Ricciardella, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On August 7, 2009, Joseph and Cynthia Dagenhart filed a petition seeking compensation,
as parents and legal representatives of their minor daughter, N.D., under the National Vaccine
Injury Compensation Program.2 Thereafter, on July 1, 2014, the parties filed a stipulation settling
the case and detailing the amount to be awarded to Petitioners. I subsequently issued a decision
finding the parties’ stipulation to be reasonable and granting Petitioners an award as outlined in
the stipulation.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:09-vv-00518-UNJ Document 66 Filed 07/28/15 Page 2 of 2
On April 24, 2015, the parties filed another stipulation, this time regarding attorney’s fees
and costs. Petitioners request reimbursement of attorney’s fees and costs in the amount of
$39,320.94. This amount represents a sum to which Respondent does not object. Pursuant to
General Order No. 9, Petitioners represent that they have personally incurred $5,470.00 in
expenses in this case.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $39,320.94 should be made in the form of a check payable jointly to Petitioners and
Petitioners’ counsel, Ramon Rodriguez, III, Esq., and an award of $5,470.00 should be made in
the form of a check payable to Petitioners. Payment of these amounts represents all attorney’s fees
and costs available under 42 U.S.C. § 300aa-15(e). 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2