VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00561 Package ID: USCOURTS-cofc-1_10-vv-00561 Petitioner: Kaitlyn Cox Filed: 2014-08-20 Decided: 2014-09-10 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 61149 AI-assisted case summary: Robert and Rosa Cox, as parents and legal representatives of their minor daughter Kaitlyn Cox, filed a petition for compensation under the National Vaccine Injury Compensation Program. The case had previously concluded proceedings on June 12, 2013, and was reassigned to Chief Special Master Denise Kathryn Vowell on December 13, 2013. On August 19, 2014, the respondent filed a stipulation of fact concerning attorneys' fees and costs. The stipulation indicated that petitioners requested an amount to which the respondent did not object, and included a statement pursuant to General Order #9 setting forth petitioners' personal litigation costs. Chief Special Master Vowell found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The total award granted was $61,149.50. This amount comprised a lump sum of $50,033.00 payable jointly to petitioners Robert Cox and Rosa Cox, and their counsel Ramon Rodriguez, III, for attorney fees and costs. An additional lump sum of $11,116.50 was awarded, payable to Robert Cox and Rosa Cox, for their personal litigation costs. The decision was issued by Chief Special Master Denise Kathryn Vowell. Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Ryan D. Pyles. Theory of causation field: The public text does not describe the specific vaccines administered, the date(s) of vaccination, Kaitlyn Cox's age at vaccination, or the condition for which compensation was sought. The case concluded proceedings on June 12, 2013, and the decision on September 10, 2014, addressed only attorney fees and costs. Chief Special Master Denise Kathryn Vowell found the petition was brought in good faith with a reasonable basis, awarding $50,033.00 for attorney fees and costs payable jointly to petitioners Robert Cox and Rosa Cox and their counsel Ramon Rodriguez, III, and $11,116.50 for petitioners' personal litigation costs, for a total award of $61,149.50. The respondent was represented by Ryan D. Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00561-cl-extra-1032025 Date issued/filed: 2013-06-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 1032025 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-561V Filed: June 12, 2013 *************************************** ROBERT and ROSA COX, as parents and, * NOT TO BE PUBLISHED Legal representatives of their minor daughter, * KAITLYN COX, * * Petitioner, * Special Master Zane * v. * Stipulation; hepatitis A (“Hep A”) * vaccine; varicella vaccine; SECRETARY OF HEALTH * neurological abnormalities; seizures AND HUMAN SERVICES, * and dystonia * Respondent. * * *************************************** Ramon Rodriguez, III, Rawls, McNelis, and Mitchell, P.C., Richmond, VA, for Petitioner Ryan Pyles, United States Dep’t of Justice, Washington, DC, for Respondent UNPUBLISHED DECISION 1 On June 11, 2013, the parties in the above-captioned case filed a Stipulation memorializing their agreement as to the appropriate amount of compensation in this case. Petitioners allege that their daughter suffered from neurological abnormalities, manifesting as seizures and dystonia, as a consequence of her receipt of the hepatitis A (“Hep A”) and varicella vaccines, which are vaccines contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and 1 Because this decision contains a reasoned explanation for the Special Master’s action in this case, the Special Master intends to post it 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, 113 Stat. 2899, 2913 (Dec. 17, 2002). All decisions of the Special Master will be made available to the public unless they contain trade secret or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would clearly be an unwarranted invasion of privacy. When such a decision or designated substantive order is filed, a party has 14 days to identify and to move to redact such information before the document’s disclosure. Absent a timely motion to redact, the decision will be made available to the public in its entirety. If the Special Master, upon review of a timely-filed motion, agrees that the identified material fits within the categories listed above, the Special Master shall redact such material from the decision made available to the public. 42 U.S.C. § 300aa-12(d)(4); Vaccine Rule 18(b). 1 which Petitioners’ daughter received on or about August 30, 2007. Petitioners allege that their daughter experienced the residual effects of this injury for more than six months. Petitioners also represent that there have been no prior awards or settlement of a civil action for these damages. Petitioners seek compensation related to her injuries pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34. Respondent denies that the Hep A or varicella vaccines caused Petitioners’ daughter to suffer from neurological abnormalities or any other injury and denies that Petitioners’ daughter’s current disabilities are sequelae of her alleged vaccine-related injury. Nonetheless, the parties have agreed informally to resolve this matter. Stipulation, Appendix A hereto. The undersigned hereby ADOPTS the parties’ said Stipulation, attached hereto as Appendix A, and awards compensation in the amount and on the terms set forth therein. Specifically, Petitioner is awarded: a lump sum of $175,000.00, in the form of a check payable to petitioners as guardians/conservators of the estate of Kaitlyn Cox. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a). The Court thanks the parties for their cooperative efforts in resolving this matter. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to enter judgment accordingly. 2 IT IS SO ORDERED. s/Daria J. Zane Daria J. Zane Special Master 2 This document constitutes a final “decision” in this case pursuant to 42 U.S.C. § 300aa- 12(d)(3)(A). Unless a motion for review of this decision is filed within 30 days, the Clerk of the Court shall enter judgment in accordance with this decision. Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_10-vv-00561-0 Date issued/filed: 2014-09-10 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/20/2014) regarding 61 DECISION Fees Stipulation. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00561-UNJ Document 64 Filed 09/10/14 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 10-561V Filed: August 20, 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * ROBERT COX and ROSA COX, * as parents and legal representatives * of their minor daughter, KAITLYN COX, * Attorney Fees and Costs Petitioners, * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ramon Rodriguez, III, for petitioner. Ryan D. Pyles, U.S. Department of Justice, Washington, DC for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Vowell, Chief Special Master: In this case under the National Vaccine Injury Compensation Program,2 former Special Master Daria J. Zane issued an order concluding proceedings on June 12, 2013. On December 13, 2013, the case was reassigned to me. On August 19, 2014, respondent filed a stipulation of fact concerning attorneys’ fees and costs, which included a statement pursuant to General Order #9 setting forth petitioners’ personal litigation costs. The stipulation also indicated that after informal discussions with respondent, petitioners request an amount to which respondent does not object. 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 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:10-vv-00561-UNJ Document 64 Filed 09/10/14 Page 2 of 2 reasonable and appropriate. Accordingly, I hereby award the total $61,149.503 as follows:  a lump sum of $50,033.00 in the form of a check payable jointly to petitioners, Robert Cox and Rosa Cox, and petitioner’s counsel of record, Ramon Rodriguez, III, for petitioner’s attorney fees and costs, and  a lump sum of $11,116.50 in the form of a check payable to petitioners, Robert Cox and Rosa Cox, for their personal litigation costs. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. /s Denise K. Vowell Denise K. Vowell Chief Special Master 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed. Cir.1991). 4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a). 2