VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00721
Package ID: USCOURTS-cofc-1_11-vv-00721
Petitioner: A.G.
Filed: 2011-10-31
Decided: 2014-12-11
Vaccine: MMR
Vaccination date: 2008-11-18
Condition: optic neuritis
Outcome: compensated
Award amount USD: 228140

AI-assisted case summary:
Brian and Lori Gorman, parents of A.G., a minor, filed a petition under the National Vaccine Injury Compensation Program on October 31, 2011. They alleged that A.G. suffered optic neuritis caused in fact by the MMR, DTaP, varicella, and IPV vaccines received on November 18, 2008, and that the injury resulted in residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.G.'s alleged optic neuritis or any other injury. Despite the denial, the parties reached a settlement agreement. The respondent agreed to compensate the petitioners with a lump sum of $20,000.00 for past unreimbursable expenses, payable to Brian and Lori Gorman. Additionally, the respondent agreed to pay $160,000.00 to purchase an annuity contract for future benefits, with the annuity to be purchased from an insurance company meeting specified capitalization and rating requirements. This settlement was adopted by Special Master Thomas L. Gowen, who issued a decision on August 22, 2014, awarding compensation in the stipulated amounts. Subsequently, on November 19, 2014, the parties filed a joint stipulation for attorneys' fees and costs. Petitioners requested a total award of $66,640.00 for attorneys' fees and costs, and $1,500.00 for out-of-pocket expenses incurred by the petitioners. The respondent did not object to this request. Special Master Gowen granted the attorneys' fees and costs, ordering payment of $66,640.00 jointly to petitioners Brian and Lori Gorman and their attorney, Robert J. Krakow of the Law Office of Robert J. Krakow, P.C., and payment of $1,500.00 to petitioners Brian and Lori Gorman only. The total compensation awarded in this case, including the settlement and attorneys' fees, amounts to $228,140.00.

Theory of causation field:
Petitioners alleged that the MMR, DTaP, varicella, and IPV vaccines administered on November 18, 2008, caused A.G. to suffer optic neuritis. The respondent denied causation. The parties reached a settlement, and Special Master Thomas L. Gowen adopted the stipulation. The settlement included a lump sum of $20,000.00 for past unreimbursable expenses and $160,000.00 for an annuity for future benefits. Attorneys' fees and costs of $66,640.00 were awarded jointly to petitioners and their attorney, Robert J. Krakow, and $1,500.00 for out-of-pocket expenses was awarded to petitioners. The total award was $228,140.00. The public decision does not describe the specific medical experts, the alleged mechanism of injury, or the specific clinical details of the optic neuritis onset or progression. The theory of causation was not adjudicated on the merits but was resolved through stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00721-0
Date issued/filed: 2014-11-19
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 08/22/2014) regarding 63 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00721-UNJ Document 69 Filed 11/19/14 Page 1 of 10
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 11-721V
Filed: August 22, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRIAN GORMAN and LORI GORMAN, *
parents of A.G., a minor, *
*
Petitioners, * Stipulation; MMR; DTap; varicella; IPV;
* Optic Neuritis
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert Joel Krakow, Esq., Law Office of Robert J. Krakow, P.C., New York, NY, for
petitioner.
Tara J. Kilfoyle, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Brian Gorman and Lori Gorman, parents of A.G. a minor, [“petitioners”] filed a
petition for compensation under the National Vaccine Injury Compensation Program2 on
October 31, 2011. Petitioners allege that A.G. suffered optic neuritis that was caused in
fact by the MMR, DTaP, varicella and IPV vaccines he received on November 18, 2008.
See Stipulation, filed August 20, 2014, at ¶¶ 2, 4. Further, petitioners allege that A.G.
experienced residual effects of his injury for more than six months. Id. at ¶ 4.
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-00721-UNJ Document 69 Filed 11/19/14 Page 2 of 10
Respondent denies that the MMR, DTaP, varicella, and IPV vaccines caused A.G.’s
alleged optic neuritis and/or any other injury. Id. at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On August 20, 2014,
the parties filed a joint stipulation3 agreeing to settle this case and describing the
settlement terms.
Respondent agrees to issue the following compensation payments:
(a) A lump sum of $20,000.00, which represents compensation for past
unreimbursable expenses, in the form of a check payable to
petitioners, Brian Gorman and Lori Gorman.
(b) An amount of $160,000.00 to purchase an annuity contract with
benefits to be paid as described in paragraph 10 of the attached
stipulation. Said annuity to be purchased by the respondent from an
insurance company meeting the capitalization and rating
requirements described in paragraph 9 of the stipulation.
(c) These amount represents compensation for all damages that would
be available under § 300aa-15(a).
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.4
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 The attached joint stipulation is redacted and all of the redactions within the stipulation refer to the
minor, A.G.
4 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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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00721-1
Date issued/filed: 2014-12-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2014) regarding 70 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00721-UNJ Document 73 Filed 12/11/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-721V
Filed: November 20, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
BRIAN GORMAN and LORI GORMAN *
Parents of A.G., a minor, *
* Special Master Gowen
Petitioners, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioners.
Voris E. Johnson, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On October 31, 2011, Brian Gorman and Lori Gorman (“petitioners”) filed a petition on
behalf of their minor child, A.G., pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that as a result of receiving
an MMR, DTaP, varicella, and IPV vaccines on November 18, 2008, A.G. suffered optic
neuritis. Petition at ¶ 11, 15. On August 20, 2014, the parties filed a stipulation in which they
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-00721-UNJ Document 73 Filed 12/11/14 Page 2 of 2
agreed to an award of compensation to petitioners. On August 22, 2014, the undersigned issued a
Decision adopting the parties’ stipulation for an award. See Decision on J. Stip., filed Aug. 22,
2014.
On November 19, 2014, the parties filed a stipulation concerning attorneys’ fees and
costs. Petitioners request a total award of attorneys’ fees and costs in the amount of $66,640.00.
In accordance with General Order #9, petitioners represent that they personally incurred out-of-
pocket costs related to this proceeding in the amount of $1,500.00. See Stipulation for Fees at ¶
3(b), filed Nov. 19, 2014. Respondent does not object to the request for attorneys’ fees and costs
and to the out-of-pocket expenses petitioners incurred. Id. at ¶ 4.
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’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs and out-of-pocket expenses.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioners and to petitioners’ attorney,
Robert J. Krakow, of the Law Office Robert J. Krakow, P.C., in the amount of
$66,640.00; and
(2) in the form of a check payable to petitioners only in the amount of $1,500.00.
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