VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00041
Package ID: USCOURTS-cofc-1_11-vv-00041
Petitioner: S.M.
Filed: 2011-01-13
Decided: 2014-03-18
Vaccine: Hepatitis A, Varicella, MMR
Vaccination date: 2009-01-21
Condition: encephalopathy and death
Outcome: compensated
Award amount USD: 170000

AI-assisted case summary:
On January 13, 2011, Kristen Murdock filed a petition on behalf of her minor daughter, S.M., who had died. The petition alleged that S.M. suffered an encephalopathy and later died as a result of receiving the Hepatitis A, Varicella, and Measles-Mumps-Rubella (MMR) vaccines on January 21, 2009. Respondent denied that S.M.'s death was caused-in-fact by vaccination and denied that the vaccines caused any other injury. The publicly available decision does not detail S.M.'s clinical course, date of death, medical history, autopsy findings, expert opinions, or a detailed causation analysis. Instead, the record reflects a stipulated damages decision followed by a separate attorneys' fees and costs decision. On March 14, 2014, the parties filed a stipulation agreeing to an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable, adopted it as the decision of the Court, and issued the damages decision on March 18, 2014. The award was a lump sum of $170,000.00, payable to petitioner as guardian or conservator of S.M.'s estate, representing all damages available under 42 U.S.C. section 300aa-15(a). Petitioner was represented by Ronald C. Homer of Conway, Homer and Chin-Caplan, P.C. A subsequent decision on July 10, 2014, addressed attorneys' fees and costs, awarding a total of $35,067.89, payable jointly to petitioner and her counsel, and $861.00 payable solely to petitioner for costs.

Theory of causation field:
Petitioner alleged that Hepatitis A, Varicella, and MMR vaccines administered on January 21, 2009, caused encephalopathy and subsequent death in minor S.M. Respondent denied that the vaccination caused S.M.'s death or any other injury. The available public decision does not provide details on the onset of symptoms, clinical course, date of death, autopsy findings, expert testimony, scientific literature, or a specific biological mechanism. The case was resolved via a joint stipulation on damages, adopted by Special Master Nora Beth Dorsey on March 18, 2014. The award was $170,000.00, representing all damages under 42 U.S.C. § 300aa-15(a), payable to petitioner as guardian/conservator of S.M.'s estate. Attorneys' fees and costs totaling $35,067.89 were awarded separately on July 10, 2014. Petitioner's counsel was Ronald C. Homer of Conway, Homer and Chin-Caplan, P.C.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00041-0
Date issued/filed: 2014-04-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/18/2014) regarding 54 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:11-vv-00041-UNJ Document 60 Filed 04/08/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-41V
Filed: March 18, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
KRISTEN RIDL, parent of *
S.M., deceased, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Hepatitis A Vaccine; Varicella
* Vaccine; Measles-Mumps-
SECRETARY OF HEALTH * Rubella (“MMR”) Vaccine;
AND HUMAN SERVICES, * Encephalopathy; Death.
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer and Chin-Caplan, P.C., Boston, MA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On January 13, 2011, Kristen Murdock (petitioner) filed a petition on behalf of her
daughter, S.M., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§
300aa-1 to -34 (2006). Petitioner alleged that S.M. suffered an encephalopathy and later died as
a result of her receipt of Hepatitis A, Varicella, and Measles-Mumps-Rubella (“MMR”) vaccines
on January 21, 2009.
On March 14, 2014, the parties filed a stipulation stating that a decision should be entered
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 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
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 (2006) (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 1:11-vv-00041-UNJ Document 60 Filed 04/08/14 Page 2 of 7
awarding compensation.
Respondent denies that S.M.’s death was caused-in-fact by her vaccination, and denies
that the vaccines caused any other injury. Nevertheless, the parties agree to the joint stipulation,
attached hereto as Appendix 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:
1. A lump sum of $170,000.00 in the form of a check payable to petitioner as
guardian/conservator of S.M.’s estate. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount 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

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CCaassee 11::1111--vvvv--0000004411--UUNNJJ DDooccuummeenntt 5630 FFiilleedd 0034//1048//1144 PPaaggee 24 ooff 57

CCaassee 11::1111--vvvv--0000004411--UUNNJJ DDooccuummeenntt 5630 FFiilleedd 0034//1048//1144 PPaaggee 35 ooff 57

CCaassee 11::1111--vvvv--0000004411--UUNNJJ DDooccuummeenntt 5630 FFiilleedd 0034//1048//1144 PPaaggee 46 ooff 57

CCaassee 11::1111--vvvv--0000004411--UUNNJJ DDooccuummeenntt 5630 FFiilleedd 0034//1048//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00041-1
Date issued/filed: 2014-07-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/10/2014) regarding 64 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:11-vv-00041-UNJ Document 67 Filed 07/31/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-41V
Filed: July 10, 2014
* * * * * * * * * * * * * * * *
KRISTEN MURDOCK, parent of * UNPUBLISHED
S.M., deceased, *
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ fees and costs;
SECRETARY OF HEALTH * reasonable amount requested to
AND HUMAN SERVICES, * which respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer and Chin-Caplan, P.C., Boston, MA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On January 13, 2011, Kristen Murdock (petitioner) filed a petition on behalf of her
daughter, S.M., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§
300aa-1 to -34 (2006). Petitioner alleged that S.M. suffered an encephalopathy and later died as
a result of her receipt of Hepatitis A, Varicella, and Measles-Mumps-Rubella (“MMR”) vaccines
on January 21, 2009. On March 18, 2014, a decision was entered awarding compensation to
petitioner based on the parties’ stipulation.
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 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
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 (2006) (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 1:11-vv-00041-UNJ Document 67 Filed 07/31/14 Page 2 of 2
On July 9, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. According to the stipulation, respondent does not object to a total award of attorneys’ fees
and costs in the amount of $35,067.89. In accordance with General Order #9, petitioner states
that she has advanced $861.00 in reimbursable costs in pursuit of her 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 petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs and of petitioner’s costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to Ronald C, Homer, of the
Law Office of Conway, Homer & Chin-Caplan, P.C., in the amount of $35,067.89,
and
in the form of a check, payable solely to petitioner, in the amount of $861.00.
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
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