VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00711
Package ID: USCOURTS-cofc-1_10-vv-00711
Petitioner: Courtney Goldin
Filed: 2010-10-19
Decided: 2015-05-29
Vaccine: HPV
Vaccination date: 2007-12-18
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Courtney Goldin filed a petition on October 19, 2010, alleging that a human papillomavirus (HPV) vaccine she received on December 18, 2007 caused her to develop acute disseminated encephalomyelitis (ADEM).

On November 20, 2014, respondent filed a joint stipulation. Respondent denied that the HPV vaccine caused petitioner's ADEM or any other injury. Nevertheless, the parties agreed to resolve the case through stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On April 2, 2015, petitioner filed a motion for attorneys' fees and costs. After respondent raised objections to certain items, petitioner amended her application to request $76,809.42, an amount to which respondent did not object. On May 1, 2015, respondent filed a stipulation of fact accepting the amended amount. Special Master Moran awarded a total of $76,809.42, allocated among three attorneys who had represented petitioner at different stages: $14,058.81 payable jointly to petitioner and former counsel Lawrence R. Cohan; $14,730.15 payable jointly to petitioner and former counsel Anne C. Toale; and $48,020.46 payable jointly to petitioner and current counsel Ronald C. Homer. Petitioner had not personally incurred any litigation expenses.

Theory of causation field:
HPV vaccine Dec 18, 2007 → ADEM. Joint stipulation Nov 20, 2014; respondent denied causation; SM Moran. $50,000. Fees $76,809.42 split among 3 attorneys (Homer/Cohan/Toale). decision_date corrected: 2015-01-07 → 2015-05-29 (granule 1 date_issued; fees decision = last granule with text).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00711-0
Date issued/filed: 2015-01-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/21/2014) regarding 92 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:10-vv-00711-UNJ Document 96 Filed 01/07/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
COURTNEY GOLDIN, * No. 10-711V
*
Petitioner, * Special Master Moran
*
v. * Filed: November 21, 2014
*
SECRETARY OF HEALTH * Stipulation; Human papillimavirus
AND HUMAN SERVICES, * (“HPV”) vaccine; acute disseminated
* encephalomyelitis (“ADEM”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
Petitioner;
Justine Daigneault, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On November 20, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Courtney Goldin on October 19, 2010. In her
petition, Ms. Goldin alleged that the Human papillomavirus (“HPV”) vaccine,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
and which she received on December 18, 2007, caused her to suffer from acute
disseminated encephalomyelitis (“ADEM”). Petitioner represents that there has
been no prior award or settlement of a civil action for damages on her behalf as a
result of her condition.
Respondent denies that the HPV immunization caused petitioner’s ADEM or
any other injury or her current condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:10-vv-00711-UNJ Document 96 Filed 01/07/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $50,000.00 in the form of a check payable to petitioner,
Courtney Goldin. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 10-711V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 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

CCaassee 11::1100--vvvv--0000771111--UUNNJJ DDooccuummeenntt 9916 FFiilleedd 1011//2007//1145 PPaaggee 13 ooff 57

CCaassee 11::1100--vvvv--0000771111--UUNNJJ DDooccuummeenntt 9916 FFiilleedd 1011//2007//1145 PPaaggee 24 ooff 57

CCaassee 11::1100--vvvv--0000771111--UUNNJJ DDooccuummeenntt 9916 FFiilleedd 1011//2007//1145 PPaaggee 35 ooff 57

CCaassee 11::1100--vvvv--0000771111--UUNNJJ DDooccuummeenntt 9916 FFiilleedd 1011//2007//1145 PPaaggee 46 ooff 57

CCaassee 11::1100--vvvv--0000771111--UUNNJJ DDooccuummeenntt 9916 FFiilleedd 1011//2007//1145 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_10-vv-00711-1
Date issued/filed: 2015-05-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/01/2015) regarding 102 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:10-vv-00711-UNJ Document 105 Filed 05/29/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
COURTNEY GOLDIN, * No. 10-711V
*
Petitioner, * Special Master Moran
*
v. * Filed: May 1, 2105
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
Petitioner;
Justine Daigneault, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On May 1, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, on April 2,
2015, petitioner filed a motion for attorneys’ fees and costs (“application”). Upon
review of petitioner’s application, respondent raised objections to certain items.
Based on subsequent discussions, petitioner amended her application to request
$76,809.42, an amount to which respondent does not object. The Court awards
this amount.
On October 19, 2010, Courtney Goldin filed a petition for compensation
alleging that the human papillomavirus (“HPV”) vaccine, which she received on
December 18, 2007, caused her to suffer from acute disseminated
encephalomyelitis (“ADEM”). Petitioner received compensation based upon the
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:10-vv-00711-UNJ Document 105 Filed 05/29/15 Page 2 of 2
parties’ stipulation. Decision, issued Nov. 21, 2014. Because petitioner received
compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $76,809.42, in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
a. $14,058.81 in the form of a check payable jointly to petitioner and
petitioner’s former counsel, Lawrence R. Cohan for attorneys’ fees
and other litigation costs available under 42 U.S.C. § 300aa-15(e);
and
b. $14,730.15 in the form of a check payable jointly to petitioner and
petitioner’s former counsel, Anne C. Toale for attorneys’ fees and
other litigation costs available under 42 U.S.C. § 300aa-15(e); and
c. $48,020.46 in the form of a check payable jointly to petitioner and
petitioner’s undersigned counsel, Ronald C. Homer for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-
15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2