VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00247
Package ID: USCOURTS-cofc-1_11-vv-00247
Petitioner: J.A.B.
Filed: 2011-04-19
Decided: 2015-01-13
Vaccine: DTaP
Vaccination date: 2009-04-15
Condition: seizure disorder
Outcome: compensated
Award amount USD: 265584.4

AI-assisted case summary:
On April 19, 2011, Serena A. Bourne, as legal representative and parent of a minor child, J.A.B., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that J.A.B. developed a seizure disorder and experienced residual effects for more than six months after receiving diphtheria-tetanus-acellular pertussis (DTaP), Haemophilus influenzae type B (Hib), inactivated poliovirus (IPV), pneumococcal conjugate (PCV), hepatitis B (Hep B), and rotavirus vaccines on April 15, 2009. Respondent denied that the vaccines caused J.A.B.'s alleged injury, residual effects, or current condition, either alone or in combination. Despite these positions, the parties filed a stipulation on January 8, 2015, agreeing to settle the case and enter a decision awarding compensation. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the damages decision on January 13, 2015. The total award was $265,584.40. This included a lump sum of $230,000.00 payable to Petitioner as Guardian/Conservator of J.A.B.'s estate for all remaining damages. Additionally, $21,481.45 was awarded to cover a lien for services rendered on behalf of J.A.B., payable jointly to Petitioner and the Nebraska Department of Health and Human Services. Another lien for services, totaling $14,102.95, was awarded payable jointly to Petitioner and First Recovery Group, LLC. Petitioner was represented by Richard H. Moeller of Berenstein, Moore, Heffernan, Moeller & Johnson, LLP. Respondent was represented by Jennifer Reynaud of the U.S. Department of Justice. Subsequently, on May 21, 2015, the parties filed a stipulation regarding attorney's fees and costs. Petitioner requested $67,526.07 for attorney's fees and costs, which Respondent did not object to. Petitioner also incurred $209.05 in personal expenses. Special Master Brian H. Corcoran approved these amounts in a decision dated May 22, 2015. An award of $67,526.07 was made payable jointly to Petitioner and her counsel, Berenstein, Moore, Heffernan, Moeller & Johnson, LLP. An award of $209.05 was made payable to Petitioner for her personal expenses. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by J.A.B.

Theory of causation field:
Petitioner alleged that minor J.A.B. sustained a seizure disorder and residual effects for more than six months following vaccination on April 15, 2009, with DTaP, Hib, IPV, PCV, Hep B, and rotavirus vaccines. Respondent denied that the vaccines caused the alleged injury or condition. The case resolved by stipulation, with Special Master Brian H. Corcoran adopting the stipulation as the damages decision on January 13, 2015. The stipulation awarded $230,000.00 for remaining damages, $21,481.45 for a Nebraska DHHS lien, and $14,102.95 for a First Recovery Group, LLC lien, totaling $265,584.40. Attorney's fees and costs totaling $67,735.12 ($67,526.07 for the firm and $209.05 for personal expenses) were awarded on May 22, 2015. The public decision does not detail the specific medical mechanism of causation, expert testimony, or the specific Table category under which the claim might have been considered.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00247-0
Date issued/filed: 2015-02-06
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 01/13/2015) regarding 59 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00247-UNJ Document 63 Filed 02/06/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-247V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
SERENA A. BOURNE, * Filed: January 13, 2015
Legal representative and parent of a minor child, *
J.A.B., *
* Decision by Stipulation; Damages;
Petitioner, * Diphtheria-Tetanus-Acellular
* Pertussis (“DTaP”) Vaccine;
v. * Haemophilus Influenza (“Hib”)
* Vaccine; Inactive Polio Virus
SECRETARY OF HEALTH AND * (“IPV”) Vaccine; Pneumococcal
HUMAN SERVICES, * Conjugate (“PCV”) Vaccine;
* Hepatitis B (“Hep B”) Vaccine;
Respondent. * Rotavirus Vaccine; Seizure
* Disorder
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Richard H. Moeller, Berenstein, Moore, et al., Sioux City, IA, for Petitioner.
Jennifer Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 19, 2011, Serena A. Bourne, as legal representative and parent of a minor child,
J.A.B., filed a petition seeking compensation under the National Vaccine Injury Compensation
Program.2 Petitioner alleges that as a result of receiving the diphtheria-tetanus-acellular pertussis
(“DTaP”), haemophilus influenza (“Hib”), inactive polio virus (“IPV”), pneumococcal conjugate
(“PCV”), hepatitis B (“Hep B”), and rotavirus vaccines on April 15, 2009, J.A.B. sustained a
vaccine-related injury diagnosed as a seizure disorder, and that J.A.B experienced the residual
effects of this injury for more than six months.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:11-vv-00247-UNJ Document 63 Filed 02/06/15 Page 2 of 9
Respondent denies that J.A.B.’s alleged injury and residual effects were caused-in-fact by
the DTaP, Hib, IPV, PCV, Hep B, or rotavirus vaccines. Respondent further denies that any of
these vaccines, either alone or in combination, caused J.A.B. any other injury or his current
condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a
stipulation (filed January 8, 2015) that the issues before them can be settled, and that a decision
should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding
damages on the terms set forth therein.
The stipulation awards:
 A lump sum of $230,000.00 in the form of a check payable to Petitioner as the
Guardian/Conservator of the estate of J.A.B., for the benefit of J.A.B. This
amount represents compensation for all remaining damages that would be
available under 42 U.S.C. ' 300aa-15(a);
 A lump sum of $21,481.45, which amount represents reimbursement of a lien for
services rendered on behalf of J.A.B., in the form of a check payable jointly to
Petitioner and Nebraska Department of Health and Human Services (P.O. Box
95026; Lincoln, NE 68509-5026; Attention: Lori Woita), which Petitioner agrees
to endorse to the State; and
 A lump sum of $14,102.95, which amount represents reimbursement of a lien
for services on behalf of J.A.B., in the form of a check payable jointly to
Petitioner and First Recovery Group, LLC (Attn: Jeniece Goldsmith; 26899
Northwestern Hwy; Suite 250; Southfield, MI 48033).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00247-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/22/2015) Regarding 66 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00247-UNJ Document 70 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-247V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
SERENA A. BOURNE, * Filed: May 22, 2015
Legal representative and parent of a minor child, *
J.A.B., *
* Decision by Stipulation; Attorney’s
Petitioner, * Fees and Costs
*
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Richard H. Moeller, Berenstein, Moore, et al., Sioux City, IA, for Petitioner.
Jennifer Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On April 19, 2011, Serena A. Bourne, as legal representative and parent of a minor child,
J.A.B., filed a petition seeking compensation under the National Vaccine Injury Compensation
Program.2 After all relevant medical records had been filed and both parties had filed expert reports
in this matter, the parties filed a stipulation on January 8, 2015, settling the case and detailing the
amount to be awarded to Petitioner. ECF No. 58. I subsequently issued a decision finding the
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:11-vv-00247-UNJ Document 70 Filed 07/28/15 Page 2 of 2
parties’ stipulation to be reasonable and granting Petitioner an award as outlined in the stipulation.
Decision Awarding Damages, dated Jan. 13, 2015 (ECF No. 59).
On May 21, 2015 (after Petitioner’s filing of a motion dated May 1, 2015, seeking
attorney’s fees), the parties filed another stipulation, this time regarding attorney’s fees and costs.
ECF No. 65. Petitioner requests reimbursement of attorney’s fees and costs in the amount of
$67,526.07. Id. This amount represents a sum to which Respondent does not object. Id. In addition,
and in compliance with General Order No. 9, Petitioner represents that she has personally incurred
$209.05 of expenses in litigating this case. Pet’r’s Ex. 40 (Statement Pursuant to General Order
No. 9, dated May 1, 2015) (ECF No. 64-1).
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
(i) an award of $67,526.07 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, the law firm of Berenstein, Moore, Heffernan, Moeller & Johnson, LLP, and
(ii) an award of $209.05 should be made in the form of a check payable to Petitioner. Payment of
this amounts represents all attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2