VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00326
Package ID: USCOURTS-cofc-1_10-vv-00326
Petitioner: Jennifer Engling
Filed: 2014-02-24
Decided: 2014-07-17
Vaccine: varicella
Vaccination date: 2007-06-04
Condition: multiple sclerosis (MS)
Outcome: compensated
Award amount USD: 545000

AI-assisted case summary:
Jennifer Engling filed a petition alleging that she sustained a vaccine-related injury diagnosed as multiple sclerosis (MS) as a result of a varicella vaccine she received on June 4, 2007. She alleged that she experienced residual effects of this injury for more than six months. Respondent denied that petitioner suffered the onset of MS as a result of the vaccination and denied that the vaccine caused her condition. However, the parties reached a stipulation for compensation. The court adopted the stipulation, awarding Jennifer Engling a lump sum of $450,000.00 for all damages and an amount sufficient to purchase an annuity contract for periodic payments of $1,094.00 per month for life. Additionally, a separate stipulation addressed attorneys' fees and costs, awarding $95,000.00 jointly to petitioner and her counsel. Judgment was entered in accordance with these stipulations.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00326-0
Date issued/filed: 2014-03-17
Pages: 9
Docket text: PUBLIC DECISION Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00326-UNJ Document 99 Filed 03/17/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-326V
Filed: February 24, 2014
***********************************
JENNIFER ENGLING, * UNPUBLISHED
*
* Special Master Dorsey
Petitioner, *
*
v. * Varicella Vaccine; Multiple
* Sclerosis (MS).
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
***********************************
Christina Ciampolillo, Conway, Homer & Chin-Caplan, P.C., for petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION1
On May 27, 2010, Jennifer Engling (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that she sustained a vaccine-related injury diagnosed as multiple sclerosis (“MS”) as a result of a
varicella vaccine she received on June 4, 2007. Petitioner alleged that she experienced the
residual effects of this injury for more than six months.
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 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 (2012)). 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 (2012) (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 1:10-vv-00326-UNJ Document 99 Filed 03/17/14 Page 2 of 9
On February 21, 2014, petitioner filed a stipulation stating that a decision should be
entered awarding compensation.
Respondent denies that petitioner suffered the onset of MS as a result of her June 4, 2007
varicella vaccination and denies that the vaccine caused her condition and current disabilities.
Nevertheless, the parties now agree to the joint stipulation, attached hereto as Exhibit 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 $450,000.00, in the form of a check payable to petitioner,
which amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a), except as noted in the next paragraph; and
An amount sufficient to purchase an annuity contract described in paragraph 10 of
the Stipulation, paid to the life insurance company from which the annuity will be
purchased. Pursuant to the annuity contract, the life insurance company will
agree to make payments periodically to petitioner for all remaining damages that
would be available under 42 U.S.C. § 300aa-15(a), beginning as soon as
practicable after the date of judgment, $1,094.00 per month for life only.
Stipulation ¶¶ 8, 10.
The undersigned approves the requested amounts 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::1100--vvvv--0000332266--UUNNJJ DDooccuummeenntt 9939 FFiilleedd 0023//2117//1144 PPaaggee 13 ooff 79

CCaassee 11::1100--vvvv--0000332266--UUNNJJ DDooccuummeenntt 9939 FFiilleedd 0023//2117//1144 PPaaggee 24 ooff 79

CCaassee 11::1100--vvvv--0000332266--UUNNJJ DDooccuummeenntt 9939 FFiilleedd 0023//2117//1144 PPaaggee 35 ooff 79

CCaassee 11::1100--vvvv--0000332266--UUNNJJ DDooccuummeenntt 9939 FFiilleedd 0023//2117//1144 PPaaggee 46 ooff 79

CCaassee 11::1100--vvvv--0000332266--UUNNJJ DDooccuummeenntt 9939 FFiilleedd 0023//2117//1144 PPaaggee 57 ooff 79

CCaassee 11::1100--vvvv--0000332266--UUNNJJ DDooccuummeenntt 9939 FFiilleedd 0023//2117//1144 PPaaggee 68 ooff 79

CCaassee 11::1100--vvvv--0000332266--UUNNJJ DDooccuummeenntt 9939 FFiilleedd 0023//2117//1144 PPaaggee 79 ooff 79

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DOCUMENT 2: USCOURTS-cofc-1_10-vv-00326-1
Date issued/filed: 2014-08-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/17/2014) regarding 105 DECISION of Special Master - Fees Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:10-vv-00326-UNJ Document 108 Filed 08/07/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 17, 2014
* * * * * * * * * * * * * * UNPUBLISHED
JENNIFER ENGLING, * No. 10-326V
*
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. *
*
* * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On May 27, 2010, Jennifer Engling (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that she sustained a vaccine-related injury diagnosed as multiple sclerosis (“MS”) as a result of a
varicella vaccine she received on June 4, 2007. On February 24, 2014, a decision was entered
awarding compensation to petitioner based on the parties’ stipulation.
On July 17, 2014, the parties filed a Stipulation of Fact Concerning Final Attorneys’ Fees
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 (2012) (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 1:10-vv-00326-UNJ Document 108 Filed 08/07/14 Page 2 of 2
and Costs. According to the stipulation, the parties stipulate to an award to petitioner of
attorneys’ fees and costs in the amount of $95,000.00. In accordance with General Order #9,
petitioner’s counsel represents that petitioner did not advance any reimbursable costs in pursuit
of their 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:
in the form of a check jointly payable to petitioner and to Mr. Ronald C. Homer of
the law firm of Conway, Homer & Chin-Caplan, P.C., in the amount of
$95,000.00.
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