VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00126
Package ID: USCOURTS-cofc-1_12-vv-00126
Petitioner: Oliver Baker
Filed: 
Decided: 2014-04-10
Vaccine: DTaP
Vaccination date: 2009-02-25
Condition: seizure disorder and/or infantile spasms with developmental delays
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Amber Baker, as parent and legal representative of her son, Oliver Baker, filed a case in the National Vaccine Injury Compensation Program. The petition alleged that Oliver Baker received Haemophilus influenzae type b (Hib), pneumococcal conjugate (Prevnar), polio, rotavirus, hepatitis B, and diphtheria-tetanus-acellular pertussis (DTaP) vaccines on February 25, 2009. Petitioner alleged that these vaccinations caused Oliver to develop a seizure disorder and/or infantile spasms, with developmental delays as sequelae, and that he experienced residual effects for more than six months. Respondent denied that Oliver's conditions were caused by the vaccinations. The parties reached a stipulation to settle the case, which was filed on April 10, 2014. Special Master Laura D. Millman found the settlement terms reasonable, adopted the stipulation, and awarded compensation. The total award was $200,000.00, consisting of a lump sum of $99,663.18 payable to Amber Baker as guardian/conservator of Oliver's estate, and a lump sum of $100,336.82 payable jointly to petitioner and Texas Medicaid/TMHP for endorsement to the State. Petitioner was represented by Katherine D. Gonyea of Houston, Texas. A subsequent decision on May 8, 2015, addressed attorneys' fees and costs. Special Master Millman awarded $14,037.97 in fees and costs, consisting of $11,037.97 payable jointly to petitioner and Dow, Golub, Remels, Beverly, LLP, and $3,000.00 payable jointly to petitioner and the Law Office of Pi-Yi Mayo.

Theory of causation field:
The petitioner alleged that the Haemophilus influenzae type b (Hib), Pneumococcal conjugate (Prevnar), Polio, Rotavirus, Hepatitis B, and Diphtheria-Tetanus-acellular Pertussis (DTaP) vaccines administered on February 25, 2009, caused minor Oliver Baker to develop a seizure disorder and/or infantile spasms with developmental delay sequelae. The respondent denied causation. The case was resolved by stipulation and proffer on April 10, 2014, without a litigated decision on causation or expert testimony presented in the public record. Special Master Laura D. Millman adopted the stipulation and awarded $200,000.00 in compensation. The award included $99,663.18 to Amber Baker as guardian/conservator of Oliver's estate and $100,336.82 jointly to petitioner and TMHP/Texas Medicaid. Attorneys' fees and costs totaling $14,037.97 were awarded on May 8, 2015, with $11,037.97 payable jointly to petitioner and Dow, Golub, Remels, Beverly, LLP, and $3,000.00 payable jointly to petitioner and the Law Office of Pi-Yi Mayo. Katherine D. Gonyea represented the petitioner.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00126-0
Date issued/filed: 2014-05-01
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/10/2014) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00126-UNJ Document 36 Filed 05/01/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-126V
Filed: April 10, 2014
Not for Publication
*************************************
AMBER BAKER, as Parent and *
Representative of OLIVER BAKER, * Damages decision based on stipulation; HiB
* vaccine; Prevnar vaccine; Polio vaccine;
Petitioner, * Rotavirus vaccine; Hepatitis B vaccine;
* DTaP vaccine; seizure disorder; infantile
v. * spasms; developmental delay
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Katherine D. Gonyea, Houston, TX, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 10, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that her son Oliver developed a
seizure disorder and/or infantile spasms that were caused by his February 25, 2009, receipt of
Haemophilus influenza B (“HIB”), Pneumococcal conjugate (“Prevnar”), Polio, Rotavirus,
Hepatitis B, and Diphtheria-Tetanus-acellular Pertussis (“DTaP”) vaccines. Petitioner further
alleges that Oliver developed developmental delays as sequelae of this alleged injury and that
1 Because this unpublished decision contains a reasoned explanation for the special master's action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:12-vv-00126-UNJ Document 36 Filed 05/01/14 Page 2 of 8
Oliver experienced residual effects of this injury for more than six months. Respondent denies
that Oliver’s seizure condition and/or infantile spasms, the sequelae of either condition, or any
other condition, were caused by his February 25, 2009 vaccinations. Nonetheless, the parties
agreed to resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards:
a. a lump sum of $99,663.18, representing compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a
check for $99,663.18 made payable to petitioner as guardian/conservator of Oliver’s
estate; and
b. a lump sum of $100,336.82, in the form of a check made payable jointly to petitioner and
TMHP/Medicaid
Attn: Tort Receivables
TPL/Tort Department
P.O. Box 202948
Austin, TX 78720-2948.
Petitioner agrees to endorse this check to the State.
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.2
IT IS SO ORDERED.
Dated: April 10, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00126-1
Date issued/filed: 2015-06-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/08/2015) regarding 45 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00126-UNJ Document 46 Filed 06/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-126V
Filed: May 8, 2015
Not for Publication
*************************************
AMBER BAKER, as Parent and Legal *
Representative of OLIVER BAKER, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Katherine Gonyea, Houston, TX, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 8, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner filed an application for attorneys’ fees and
costs on April 22, 2015. During informal discussions, respondent raised objections to certain
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:12-vv-00126-UNJ Document 46 Filed 06/01/15 Page 2 of 2
items in petitioner’s application. Based on these objections, petitioner amends her application for
attorneys’ fees and costs to $14,037.97. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $14,037.97,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of:
a. a check in the amount of $11,037.97 payable jointly to petitioner and Dow, Golub,
Remels, Beverly, LLP; and
b. a check in the amount of $3,000.00 payable jointly to petitioner and the Law Office of
Pi-Yi Mayo.
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.2
IT IS SO ORDERED.
Dated: May 8, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2