VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00105
Package ID: USCOURTS-cofc-1_12-vv-00105
Petitioner: Kortney Meadows
Filed: 2012-02-15
Decided: 2015-03-13
Vaccine: HPV
Vaccination date: 2008-05-08
Condition: idiopathic transverse myelitis
Outcome: denied
Award amount USD: 

AI-assisted case summary:
Kortney Meadows filed a petition on February 15, 2012, alleging that human papillomavirus (HPV) vaccinations she received on May 8, 2008, May 20, 2008, July 16, 2008, and February 18, 2009 caused her to develop idiopathic transverse myelitis.

On December 12, 2014, petitioner filed a motion for a decision dismissing her petition, acknowledging that her investigation of the facts and science had demonstrated she would be unable to prove entitlement to compensation in the Vaccine Program. Special Master Hamilton-Fieldman dismissed the petition for insufficient proof. The record contained no evidence of a Table injury, no persuasive causation-in-fact evidence, insufficient medical records to establish entitlement, and no expert report. Under the Vaccine Act, a petition may not be supported solely by the petitioner's claims but must be supported by medical records or a competent physician's opinion.

On February 13, 2015, the parties filed a stipulation for attorneys' fees and costs. The special master found that the petition had been brought in good faith and that there had existed a reasonable basis for the claim, and accordingly awarded $15,500.00 in fees and costs under 42 U.S.C. § 300aa-15(b) and (e)(1), payable jointly to petitioner and her counsel, Scott W. Rooney of Nemes, Rooney P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
HPV (4 doses: May 8, May 20, Jul 16, 2008; Feb 18, 2009) → alleged TM. DISMISSED. Petitioner moved for dismissal Dec 12, 2014 (could not prove entitlement); no expert, insufficient medical records; § 300aa-13(a)(1). SM Hamilton-Fieldman. Fees $15,500 under § 300aa-15(b)+(e)(1) (good faith/reasonable basis; non-prevailing petitioner; Rooney, Nemes Rooney, Farmington Hills MI).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00105-0
Date issued/filed: 2015-01-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/15/2014) regarding 59 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00105-UNJ Document 63 Filed 01/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-105V
Filed: December 15, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
KORTNEY MEADOWS, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Petitioner’s Motion for Dismissal
v. * Decision; Insufficient Proof of
* Causation; Vaccine Act Entitlement;
SECRETARY OF HEALTH * Human Papillomavirus (“HPV”)
AND HUMAN SERVICES, * Vaccine; Idiopathic Transverse
* Myelitis.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Debra Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 15, 2012, Kortney Meadows (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006).
Petitioner alleged that she suffered from idiopathic transverse myelitis, and that this injury had
been caused by human papillomavirus (“HPV”) vaccines administered to her on May 8, 2008,
May 20, 2008, July 16, 2008, and February 18, 2009. Petition (“Pet”) at 1-3. The undersigned
now finds that the information in the record does not show entitlement to an award under the
Program.
On December 12, 2014, Petitioner filed a Motion for a Decision Dismissing Her Petition
(“Motion”). Petitioner indicates that “[a]n investigation of the facts and science supporting her
case has demonstrated … that she will be unable to prove that she is entitled to compensation in
the Vaccine Program.” Motion at 1. Petitioner further states that she understands a decision
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
the undersigned intends 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 and 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 § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.

Case 1:12-vv-00105-UNJ Document 63 Filed 01/05/15 Page 2 of 2
dismissing her petition will result in a judgment against her and will end all of her rights in the
Vaccine Program. Motion at 1-2.
To receive compensation under the Vaccine Act, Petitioner must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of her vaccinations, or 2) that she suffered an injury that was actually caused by a vaccine.
See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover
any evidence that she suffered a “Table Injury.” Further, the record does not contain any other
persuasive evidence indicating that her injuries were caused by a vaccination.
Under the Vaccine Act, a petitioner may not be awarded compensation based solely on
the petitioner’s claims alone. Rather, the petition must be supported by either medical records or
by the opinion of a competent physician. § 300aa-13(a)(1). In this case, the medical records are
insufficient to establish entitlement to compensation, and no expert report has been filed.
Therefore, the only alternative remains to DENY this petition. Thus, this case is
dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
/s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00105-1
Date issued/filed: 2015-03-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/18/2015) regarding 65 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00105-UNJ Document 66 Filed 03/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-105V
Filed: February 18, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KORTNEY MEADOWS, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested
SECRETARY OF HEALTH * to Which Respondent Does Not
AND HUMAN SERVICES, * Object.
*
Respondent. *
* * * * * * * * * * * * * * * *
Scott W. Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Debra A. Begley, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On February 15, 2012, Kortney Meadows (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that she suffered from Idiopathic Transverse Myelitis and
that this injury had been caused by the HPV vaccines administered to her on May 8, 2008, May
20, 2008, July 16, 2008, and February 18, 2009. Petition (“Pet”) at 1-2. On December 15, 2014,
the undersigned issued a decision dismissing the case for insufficient proof.
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 1:12-vv-00105-UNJ Document 66 Filed 03/13/15 Page 2 of 2
On February 13, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. This stipulation requests a total payment of $15,500.00, representing total attorneys’
fees and costs. In compliance with General Order #9, Petitioner represents that no personal, out-
of-pocket expenses were incurred in proceeding on the petition.
The undersigned finds that the petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $15,500.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Scott W.
Rooney.
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.
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2