VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00039
Package ID: USCOURTS-cofc-1_10-vv-00039
Petitioner: D.E.
Filed: 2014-07-25
Decided: 2015-02-02
Vaccine: meningococcal and hepatitis A
Vaccination date: 
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 380000

AI-assisted case summary:
On January 20, 2010, Jonathan and Yael Ellis, as parents and natural guardians of their minor son D.E., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that D.E. suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving the meningococcal and hepatitis A vaccines. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused D.E.'s CIDP or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on July 25, 2014. 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 D.E.'s estate a lump sum of $299,957.13, representing compensation for all damages available under 42 U.S.C. §300aa-15(a). Subsequently, on December 16, 2014, the parties filed another stipulation regarding attorneys' fees and costs. This stipulation proposed an award of $72,834.40 for attorneys' fees and costs, payable to Petitioners and their counsel, Diana Sedar, and an additional $7,218.00 for guardianship costs, payable to Petitioners. Special Master Corcoran approved both stipulations. The total award amounted to $380,000. The case was resolved by stipulation, with the court adopting the parties' agreement as its decision. The public decision does not describe the onset of symptoms, specific clinical details of D.E.'s condition, any diagnostic tests performed, or the specific treatments received. The theory of causation is not detailed in the public decision.

Theory of causation field:
Petitioners alleged that D.E. suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving the meningococcal and hepatitis A vaccines. The respondent denied causation. The parties settled the case via stipulation, agreeing to an award of compensation without admitting or denying causation. The stipulation awarded a lump sum of $299,957.13 for D.E.'s estate and $72,834.40 for attorneys' fees and costs, plus $7,218.00 for guardianship costs, for a total award of $380,000. Special Master Brian H. Corcoran approved the stipulations. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered, as the case was resolved by stipulation. The theory of causation is unclear from the public record.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00039-0
Date issued/filed: 2014-08-21
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/25/2014) regarding 72 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:10-vv-00039-UNJ Document 75 Filed 08/21/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-39V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
JONATHAN ELLIS and YAEL ELLIS, as *
parents natural guardians of D.E., a minor, *
* Filed: July 25, 2014
Petitioners, *
*
v. *
* Decision by Stipulation; Damages
SECRETARY OF HEALTH * Meningococcal Vaccine; Hepatitis A;
AND HUMAN SERVICES, * Vaccine; Chronic Inflammatory
* Demyelinating Polyneuropathy (CIDP)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio, Christopher & Toale, Sarasota, FL, for Petitioners.
Lisa A. Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 20, 2010, Jonathan and Yael Ellis filed a petition on behalf of their minor
child, D.E., seeking compensation under the National Vaccine Injury Compensation Program
(“the Vaccine Program”).2 Petitioners allege that D.E. suffered chronic inflammatory
demyelinating polyneuropathy (“CIDP”) as a result of receiving the meningococcal and hepatitis
A vaccines.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 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, 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.

Case 1:10-vv-00039-UNJ Document 75 Filed 08/21/14 Page 2 of 8
Respondent denies that D.E.’s CIDP or any other injury was caused by the receipt of the
meningococcal and/or hepatitis A vaccines. Nonetheless both parties, while maintaining their
above-stated positions, agreed in a stipulation filed July 25, 2014, that the issues before them can
be settled, and that a decision should be entered awarding Petitioners 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 $299,957.13, in the form of a check payable to petitioners as
guardians/conservators of D.E.’s estate. This amount represents compensation
for all 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
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 jointly (or separately) filing
notice(s) renouncing their right to seek review.

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Case 1:10-vv-00039-UNJ Document 75 Filed 08/21/14 Page 8 of 8

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DOCUMENT 2: USCOURTS-cofc-1_10-vv-00039-1
Date issued/filed: 2015-02-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/16/2014) regarding 78 DECISION Fees Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:10-vv-00039-UNJ Document 81 Filed 02/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-039V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JONATHAN ELLIS and YAEL ELLIS, * Filed: December 16, 2014
as parents natural guardians of D.E., a minor, *
*
Petitioners, *
* Decision; Attorneys’
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioners.
Lisa Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On January 20, 2010, Jonathan and Yael Ellis filed a petition on behalf of their minor
son, D.E., seeking compensation under the National Vaccine Injury Compensation Program.2 On
July 25, 2014, the parties filed a stipulation settling this 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 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.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:10-vv-00039-UNJ Document 81 Filed 02/02/15 Page 2 of 2
On December 16, 2014, the parties filed another stipulation, this time regarding
attorneys’ fees and costs. The parties have stipulated that an award of $72,834.40 for attorneys’
fees and costs should be made, in the form of a check payable to Petitioner and Petitioner’s
counsel. This amount represents a sum to which Respondent does not object. Pursuant to the
Amended General Order #9, Petitioners have also represented that they have incurred costs in the
amount of $7,218.00 for the guardianship costs related to this claim.
I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly,
an award of $72,834.40 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Diana Sedar, Esq. In addition, an award of $7,218.00 should be made in the
form of a check payable to Petitioners. 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