VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00596
Package ID: USCOURTS-cofc-1_12-vv-00596
Petitioner: Carolyn Gooden
Filed: 2012-09-13
Decided: 2014-09-02
Vaccine: influenza
Vaccination date: 2010-02-24
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 460000

AI-assisted case summary:
Carolyn Gooden filed a petition on September 13, 2012, alleging that a trivalent influenza (flu) vaccination she received on February 24, 2010, a vaccine contained in the Vaccine Injury Table, caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP), with effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's CIDP, any other injury, or her current disabilities. Nonetheless, both parties agreed in a joint stipulation filed June 11, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $460,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Moran also awarded $42,000.00 in attorneys' fees and costs, payable jointly to petitioner and her counsel, Lawrence R. Cohan of Anapol, Schwartz, et al. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Feb 24, 2010 → CIDP (Table vaccine). Joint stipulation Jun 11, 2014; respondent denied causation; SM Moran. $460,000. Fees $42,000 (Cohan, Anapol Schwartz, Philadelphia PA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00596-0
Date issued/filed: 2014-07-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/16/2014) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00596-UNJ Document 44 Filed 07/15/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CAROLYN GOODEN, * No. 12-596V
Petitioner, * Special Master Moran
*
v. * Filed: June 16, 2014
*
SECRETARY OF HEALTH * Stipulation; Trivalent influenza
AND HUMAN SERVICES, * (“flu”) vaccine; chronic inflammatory
Respondent. * demyelinating polyneuropathy
* * * * * * * * * * * * * * * * * * * * * (“CIDP”).
Lawrence R. Cohan, Esq., Anapol, Schwartz, et al., Philadelphia, PA, for
Petitioner;
Melonie J. McCall, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On June 11, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Carolyn Gooden on September 13, 2012. In her petition,
Ms. Gooden alleged that the trivalent influenza (“flu”) vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on February 24, 2010, caused her to suffer chronic inflammatory
demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that she
experienced the effects from this injury for more than six months. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on her behalf as a result of her condition.
Respondent denies that petitioner suffered CIDP, or any other injury that
was caused by her flu vaccination. Respondent further denies that petitioner’s
current disabilities were caused by her flu vaccination.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00596-UNJ Document 44 Filed 07/15/14 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $460,000.00 in the form of a check payable to petitioner,
Carolyn Gooden. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-596V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00596-1
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/29/2014) regarding 47 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00596-UNJ Document 51 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CAROLYN GOODEN, * No. 12-596V
Petitioner, * Special Master Moran
*
v. * Filed: July 29, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
Respondent. * respondent does not object.
* * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Esq., Anapol, Schwartz, et al., Philadelphia, PA, for
Petitioner;
Melonie J. McCall, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 28, 2014, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, on July 22,
2014, petitioner filed an application for attorneys’ fees and costs seeking an award
of $44,328.88. In informal discussions, respondent raised objections to certain
items of petitioner’s application. Based on subsequent discussions, petitioner
amended her application to request $42,000.00, an amount to which respondent
does not object. The Court awards this amount.
On September 13, 2012, Carolyn Gooden filed a petition for compensation
alleging that the trivalent influenza (“flu”) vaccine, which she received on
February 24, 2010, caused her to suffer chronic inflammatory demyelinating
polyneuropathy (“CIDP”). Petitioner received compensation based upon the
parties’ stipulation. Decision, filed June 16, 2014. Because petitioner received
compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00596-UNJ Document 51 Filed 09/02/14 Page 2 of 2
Petitioner seeks a total of $42,000.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $42,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Lawrence R. Cohan, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2