VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00621
Package ID: USCOURTS-cofc-1_12-vv-00621
Petitioner: Regis McDonough
Filed: 2012-09-20
Decided: 2014-07-10
Vaccine: Tdap
Vaccination date: 2011-09-08
Condition: sensory neuropathy
Outcome: compensated
Award amount USD: 23641

AI-assisted case summary:
Regis McDonough filed a petition on September 20, 2012, alleging that a Tetanus-Diphtheria-acellular Pertussis (TDaP) vaccine, which is contained in the Vaccine Injury Table, and which he received on September 8, 2011, caused him to develop sensory neuropathy, with residual effects lasting more than six months. Respondent denied that the Tdap vaccine caused petitioner's sensory neuropathy.

Nonetheless, both parties agreed in a joint stipulation filed June 9, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court, awarding compensation on the terms set forth therein.

In the same decision, Special Master Moran also resolved attorneys' fees and costs, awarding $14,291.51 in fees and costs for petitioner's counsel, plus $350.00 to reimburse petitioner's out-of-pocket litigation expenses, for a total of $14,641.51.

Theory of causation field:
TDaP Sep 8, 2011 → sensory neuropathy (Table vaccine). Joint stipulation Jun 9, 2014; respondent denied causation; SM Moran. Fees $14,641.51 ($14,291.51 + $350 personal) (Golvash, Brennan Robins & Daley, Pittsburgh PA). Comp amount in blank Appendix pages in staging; award unverified from staging.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00621-0
Date issued/filed: 2014-07-10
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 6/12/2014) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00621-UNJ Document 39 Filed 07/10/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
REGIS MCDONOUGH, *
* No. 12-621V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 12, 2014
*
SECRETARY OF HEALTH * Stipulation; Tetanus-Diptheria-
AND HUMAN SERVICES, * acellular-Pertussis (“Tdap”) vaccine;
* sensory neuropathy; attorneys’ fees
Respondent. * and costs.
* * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Golvash, Brennan, Robins, & Daley, P.C. Pittsburgh, PA, for Petitioner;
Jennifer Reynaud, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On June 9, 2014, respondent filed a stipulation concerning the petition for
compensation filed by Regis McDonough on September 20, 2012. In his petition,
Mr. McDonough alleged that the Tetanus-Diphtheria-acellular Pertussis (“Tdap”)
vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which he received on September 8, 2011, caused him to suffer
sensory neuropathy. Petitioner further alleges that he experienced residual effects
of 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 his behalf as a result of
his condition.
Respondent denies that petitioner's alleged sensory neuropathy and residual
effects were caused-in-fact by the Tdap vaccine. Respondent further denies that
the Tdap vaccine caused petitioner any other injury or his current condition.
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-00621-UNJ Document 39 Filed 07/10/14 Page 2 of 8
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.”
Respondent also filed a joint stipulation of fact concerning final attorneys’
fees and costs on April 30, 2014. Prior to filing this stipulation, Mr. McDonough
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items but did not find the total amount of fees and costs requested to be
unreasonable. Mr. McDonough requested $14,291.51, in attorneys’ fees and costs,
an amount to which respondent does not object. Additionally, in compliance with
General Order No. 9, Mr. McDonough states that he incurred $350.00 of out-of-
pocket litigation expenses while pursuing this claim. The Court awards these
amounts.
The undersigned finds said stipulations reasonable and adopts it as the
decision of the Court in awarding damages and attorneys’ fees and costs, on the
terms set forth therein.
Compensation awarded in the stipulations includes:
A. A lump sum of $9,000 in the form of a check payable to petitioner,
Regis McDonough. This amount represents compensation for all
damages that would be available under 42 U. S.C. § 300aa- 15(a).
B. A lump sum of $14,291.51 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Jeffrey Golvashof the Brennan,
Robins, & Daley, P.C. Law Firm, for attorneys’ fees and costs
available under 42 U.S.C. §300aa-15(e).
C. A lump sum of $350.00 in the form of a check payable to petitioner,
Regis McDonough, for costs he incurred in pursuit of his petition.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-621V according to this decision
and the attached stipulation.2
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

Case 1:12-vv-00621-UNJ Document 39 Filed 07/10/14 Page 3 of 8
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
3

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