VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00050
Package ID: USCOURTS-cofc-1_11-vv-00050
Petitioner: A.B.
Filed: 2011-01-18
Decided: 2015-01-26
Vaccine: DTaP
Vaccination date: 2008-01-16
Condition: Streptococcal A infection, Streptococcal toxic shock syndrome, and multi-organ system failure
Outcome: compensated
Award amount USD: 379385

AI-assisted case summary:
Nicole and Domah Brown, as parents and natural guardians of their minor son A.B., filed a petition for compensation under the National Vaccine Injury Compensation Program on January 18, 2011. They alleged that A.B. suffered a Streptococcal A infection, Streptococcal toxic shock syndrome, and multi-organ system failure caused by the DTaP, Hib, pneumococcal, and MMR vaccines he received on or about January 16, 2008. The respondent denied that the vaccines caused A.B.'s injuries. The parties reached a settlement agreement, and on September 25, 2014, they filed a joint stipulation. Special Master Thomas L. Gowen adopted the parties' stipulation for compensation on September 26, 2014. The total award included a lump sum of $200,000.00 for A.B.'s benefit, payable to the petitioners as guardians/conservators upon documentation of their appointment. Additionally, $135,385.54 was awarded to reimburse a Commonwealth of Virginia Medicaid lien, payable jointly to the petitioners and the Commonwealth of Virginia. An unspecified amount was also allocated to purchase an annuity contract. Subsequently, on January 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioners requested a total of $79,000.00 for attorneys' fees and costs, which included payment to their former counsel, The Law Office of Lesley Zork. Respondent did not object to this request. Special Master Thomas L. Gowen granted the request for attorneys' fees and costs on January 5, 2015, ordering a check for $79,000.00 payable jointly to the petitioners and their attorney, Anne C. Toale of Maglio Christopher & Toale, PA. The decision was finalized on January 26, 2015.

Theory of causation field:
Petitioners alleged that A.B. suffered Streptococcal A infection, Streptococcal toxic shock syndrome, and multi-organ system failure caused in fact by the DTaP, Hib, pneumococcal, and MMR vaccines received on or about January 16, 2008, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding compensation. The public decision does not describe the specific medical experts, the proposed mechanism of causation, or the specific clinical details of A.B.'s condition, onset, symptoms, tests, or treatments. The award included a lump sum of $200,000.00 for A.B.'s benefit, $135,385.54 for a Medicaid lien reimbursement, and an amount for an annuity. Attorneys' fees and costs of $79,000.00 were also awarded. Special Master Thomas L. Gowen issued the decision on the stipulation on September 26, 2014, and the decision on attorneys' fees and costs on January 5, 2015, with final judgment entered January 26, 2015. Petitioners' counsel was Anne Toale of Maglio Christopher and Toale, PA, and respondent's counsel was Lara Englund of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00050-0
Date issued/filed: 2014-10-24
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 09/26/2014) regarding 59 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00050-UNJ Document 63 Filed 10/24/14 Page 1 of 11
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 11-50V
Filed: September 26, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
NICOLE BROWN and DOMAH BROWN, *
as parents and natural guardians of *
A.B., a minor, *
* Stipulation; DTaP; HiB; MMR;
Petitioners, * pneumococcal;
* Streptococcal A infection;
v. * Streptococcal toxic shock
* syndrome; multi-organ failure
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher and Toale, Sarasota, FL for petitioner.
Lara Englund, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Nicole Brown and Domah Brown, as parents and natural guardians of A.B., a
minor, [“petitioners”] filed a petition for compensation under the National Vaccine Injury
Compensation Program2 on January 18, 2011. Petitioners allege that A.B. suffered
Streptococcal A infection, Streptococcal toxic shock syndrome, and multi-organ system
failure that was caused in fact by the diphtheria-tetanus-acellular pertussis [DTaP],
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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:11-vv-00050-UNJ Document 63 Filed 10/24/14 Page 2 of 11
hemophilus influenzae type b[Hib], pneumococcal and measles-mumps-rubella [MMR]
vaccines he received on or about January 16, 2008. See Stipulation, filed September
25, 2014, at ¶¶ 2, 4. Further, petitioners allege that A.B. experienced residual effects of
his injury for more than six months. Id. at ¶ 4. Respondent denies that the DTaP, Hib,
pneumococcal and MMR vaccines caused any of A.B.’s injuries or his current condition.
Id. at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On September 25,
2014, the parties filed a joint stipulation agreeing to settle this case and describing the
settlement terms.
Respondent agrees to issue the following compensation payments:
(a) A lump sum of $200,000.00, in the form of a check payable to
petitioners, Nicole and Domah Brown, as guardian(s)/conservator(s)
of the estate of A.B. for the benefit of A.B. No payment shall be
made until petitioners provide respondent with documentation
establishing that they have been appointed as the
guardian(s)/conservator(s) of A.B.’s estate.
The amount set forth in paragraph (a) represents compensation for
all damages that would be available under § 300aa-15(a), except as
set forth in paragraphs (b) and (c) below.
(b) A lump sum of $135,385.54, which amount represents reimbursement
of a Commonwealth of Virginia Medicaid lien, in the form of a check
payable jointly to petitioners, Nicole and Domah Brown, and
Commonwealth of Virginia
Department of Medical Assistance
Suite 1300
600 East Broad Street
Richmond, VA 23219
Attn: Donna R. Piacentini
Petitioners agree to endorse this check to the Commonwealth of
Virginia.
(c) An amount sufficient to purchase an annuity contract described in
paragraph 10 of the attached stipulation, paid to the life insurance
company from which the annuity will be purchased [the “Life
Insurance Company”].

Case 1:11-vv-00050-UNJ Document 63 Filed 10/24/14 Page 3 of 11
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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Case 1:11-vv-00050-UNJ Document 63 Filed 10/24/14 Page 11 of 11

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00050-1
Date issued/filed: 2015-01-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/05/2015) regarding 65 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00050-UNJ Document 68 Filed 01/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-50V
Filed: January 5, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
NICOLE BROWN and *
DOMAH BROWN as parents and natural *
guardians of A.B., a minor *
* Special Master Gowen
Petitioners, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioners.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On January 18, 2011, Nicole Brown and Domah Brown (“petitioners”) filed a petition
pursuant to the National Vaccine Injury Compensation Program2 on behalf of their minor son,
A.B. 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that as a result of receiving DTaP,
Hib, pneumococcal and MMR vaccines on or about January 16, 2008, A.B. suffered a
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-00050-UNJ Document 68 Filed 01/26/15 Page 2 of 2
Streptococcal A infection, Streptococcal toxic shock syndrome, and multi-organ system failure.
Stipulation for Compensation at ¶¶ 2, 4, filed Sept. 25, 2014. On September 25, 2014, the parties
filed a stipulation in which they agreed to an award of compensation. On September 26, 2014,
the undersigned issued a Decision adopting the parties’ stipulation for an award. See Decision
on J. Stip., filed Sept. 26, 2014.
On January 2, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioners request a total award of attorneys’ fees and costs in the amount of $79,000.00. This
amount includes final attorneys’ fees and costs for petitioners’ former counsel, The Law Office
of Lesley Zork. Stipulation for Fees and Costs at ¶¶ 3, 4. Petitioners indicate that they are
responsible for making the appropriate distribution to former counsel. Id. Respondent does not
object to petitioners’ request. Id. at ¶ 6. In accordance with General Order #9, petitioners’
counsel represents that petitioners did not personally incur costs in pursuit of this claim. Id. at ¶
5.
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’ request, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioners and to petitioners’ attorney, Anne
C. Toale, of Maglio Christopher & Toale, PA, in the amount of $79,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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