VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00674
Package ID: USCOURTS-cofc-1_11-vv-00674
Petitioner: Kyle H. Goelling
Filed: 2015-02-13
Decided: 2015-12-16
Vaccine: Tdap
Vaccination date: 2010-06-05
Condition: acute disseminated encephalomyelitis (“ADEM”)
Outcome: compensated
Award amount USD: 325000

AI-assisted case summary:
Kyle H. Goelling filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that he developed acute disseminated encephalomyelitis (ADEM) and related sequelae as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) and meningococcal vaccines on or about June 5, 2010. Respondent denied that the vaccines caused Petitioner's ADEM. However, both parties agreed to settle the case through a stipulation, which was filed on February 12, 2015. The Special Master reviewed the stipulation and found it to be reasonable, adopting it as the decision in awarding damages. The stipulation awarded Petitioner a lump sum of $325,000.00. Subsequently, on September 1, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested reimbursement of $34,071.00 for attorney's fees and costs, to which Respondent did not object. The Special Master approved this amount as reasonable and awarded it to be paid jointly to Petitioner and his counsel. The decision date for the attorney's fees and costs was December 16, 2015.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00674-0
Date issued/filed: 2015-03-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/13/2015) regarding 40 DECISION Fees Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:11-vv-00674-UNJ Document 44 Filed 03/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-674V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
KYLE H. GOELLING, * Filed: February 13, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Tetanus-Diphtheria-Acellular
* Pertussis (“Tdap”) Vaccine;
SECRETARY OF HEALTH AND * Meningococcal Vaccine; Acute
HUMAN SERVICES, * Disseminated Encephalomyelitis
* (“ADEM”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Ryan Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 13, 2011, Kyle H. Goelling filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving
the tetanus-diphtheria-acellular pertussis (“Tdap”) and meningococcal vaccines on or about June
5, 2010, he developed acute disseminated encephalomyelitis (“ADEM”) and related sequelae,
and that he experienced the 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 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, 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-00674-UNJ Document 44 Filed 03/27/15 Page 2 of 7
Respondent denies that the vaccines, either singly or in combination, are the cause of
Petitioner’s ADEM and/or any other injury. Nonetheless both parties, while maintaining their
above-stated positions, agreed in a stipulation (filed February 12, 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 $325,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents all compensation for damages that would be available
under 42 U.S.C. ' 300aa-15(a).
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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Case 1:11-vv-00674-UNJ Document 44 Filed 03/27/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00674-1
Date issued/filed: 2015-12-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/01/2015) Regarding 47 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:11-vv-00674-UNJ Document 50 Filed 12/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-674V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
KYLE H. GOELLING, * Filed: September 1, 2015
*
Petitioner, *
* Decision by Stipulation;
v. * Attorney’s Fees and Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Ryan Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On October 13, 2011, Kyle H. Goelling filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Thereafter, on February 12, 2015,
the parties filed a stipulation settling the case and detailing the amount to be awarded to Petitioner.
ECF No. 39. I subsequently issued a decision finding the parties’ stipulation to be reasonable and
granting Petitioner an award as outlined in the stipulation. ECF No. 40.
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 whole 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 (2012)).

Case 1:11-vv-00674-UNJ Document 50 Filed 12/16/15 Page 2 of 2
On September 1, 2015, the parties filed another stipulation, this time regarding attorney’s
fees and costs. ECF No. 45. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $34,071.00. Id. This amount represents a sum to which Respondent does not object. Id.
In addition, and in compliance with General Order No. 9, Petitioner’s counsel represents that
Petitioner did not personally incur any expenses in litigating this case. Id.; see also ECF No. 46
(Pet’r’s Declaration).
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $34,071.00 shall be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, F. John Caldwell, Jr., Esq. 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