VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00517
Package ID: USCOURTS-cofc-1_10-vv-00517
Petitioner: K.F.
Filed: 2010-08-05
Decided: 2014-06-18
Vaccine: varicella
Vaccination date: 2008-11-04
Condition: Immune Thrombocytopenia Purpura (ITP)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
On August 5, 2010, Frank and Kim Falcone, as parents and natural guardians of their minor child K.F., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that K.F. suffered from Immune Thrombocytopenia Purpura (ITP) as a result of receiving a varicella vaccine and an influenza vaccine on November 4, 2008. The petition stated that the condition was caused-in-fact by these vaccinations. The respondent denied that the vaccinations caused K.F.'s injury. However, both parties entered into a stipulation, filed on May 28, 2014, to settle the case. The Special Master, Lisa Hamilton-Fieldman, found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded Petitioners a lump sum of $75,000.00, payable to Petitioners as guardians/conservators of K.F.'s estate, representing all available damages. On June 16, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis. The parties requested a total payment of $111,523.64 for attorneys' fees and costs. The Special Master awarded this amount, payable jointly to Petitioners and their counsel, F. John Caldwell, Jr. The case was settled via stipulation, with the court approving the compensation award and attorneys' fees.

Theory of causation field:
Petitioners alleged that K.F. suffered Immune Thrombocytopenia Purpura (ITP) caused-in-fact by the administration of a varicella vaccine and an influenza vaccine on November 4, 2008. The respondent denied causation. The parties reached a stipulation to settle the case. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, treatments, or the mechanism of causation. The case was settled via stipulation, resulting in an award of $75,000.00 for damages and $111,523.64 for attorneys' fees and costs. Special Master Lisa Hamilton-Fieldman approved the stipulation. The theory of causation was identified as 'Off-Table' in the provided database fields, but this designation is not elaborated upon in the public decision text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00517-0
Date issued/filed: 2014-06-18
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/28/2014) regarding 73 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:10-vv-00517-UNJ Document 83 Filed 06/18/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-517V
(E-Filed: May 28, 2014)
* * * * * * * * * * * * * * *
FRANK FALCONE and KIM FALCONE, * UNPUBLISHED
as parents and natural guardians of, K.F., *
a minor, *
Petitioners, * Special Master
* Hamilton-Fieldman
v. *
* Influenza Vaccine; Varicella Vaccine;
SECRETARY OF HEALTH AND * Immune Thrombocytopenia Purpura
HUMAN SERVICES, * (“ITP”); Decision; Stipulation.
*
Respondent. * .
* * * * * * * * * * * * * * *
Franklin John Caldwell, Maglio, Christopher & Toale, Sarasota, FL, for Petitioners.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 5, 2010, Petitioners, Frank Falcone and Kim Falcone, filed a petition
seeking compensation under the National Vaccine Injury Compensation Program (“the
Vaccine Program”). Petitioners alleged that their child, K.F., was injured by the
administration of a varicella vaccine and an influenza vaccine administered on November
4, 2008, and that she thereafter suffered Immune Thrombocytopenia Purpura (“ITP”).
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s 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)). 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.
1

Case 1:10-vv-00517-UNJ Document 83 Filed 06/18/14 Page 2 of 8
Petitioners alleged that this condition was caused-in-fact by K.F’s receipt of the varicella
and influenza vaccinations.2
Respondent denies that K.F’s vaccinations caused her injury. Nonetheless, both
parties, while maintaining their above stated positions, agreed in a Stipulation, filed May
28, 2014, (“Stipulation”) that the issues before them can be settled and that a decision
should be entered awarding Petitioners compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $75,000.00, in the form of a check payable to Petitioners as
guardians/conservators of K.F’s estate, representing all damages available
under 42 U.S.C. §300aa-15(a) to which Petitioners would be entitled.
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioners’ compensation.
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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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)
(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.
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

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DOCUMENT 2: USCOURTS-cofc-1_10-vv-00517-1
Date issued/filed: 2014-07-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/16/2014) regarding 81 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:10-vv-00517-UNJ Document 85 Filed 07/07/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-517V
(E-Filed: June 16, 2014)
* * * * * * * * * * * * * * *
FRANK FALCONE and KIM FALCONE, * UNPUBLISHED
as parents and natural guardians of K.F., a *
minor, *
Petitioners, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
F. John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioners.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on May 28, 2014. On June 16, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $111, 523.64, representing total attorneys’ fees and costs.
1 The undersigned intends to post this unpublished 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 Vaccine Rule 18(b), each party has 14 days within
which to request redaction “of any information furnished by that party (1) that is trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:10-vv-00517-UNJ Document 85 Filed 07/07/14 Page 2 of 2
Pursuant to General Order #9, Petitioners stated that they incurred no out-of-pocket
litigation costs.
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. Accordingly, I hereby award the amount of $111, 523.64,
in the form of a check made payable jointly to Petitioners and Petitioners’ counsel,
F. John Caldwell, Jr., Esq.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2