VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00665
Package ID: USCOURTS-cofc-1_12-vv-00665
Petitioner: James MacDougall Jr.
Filed: 2012-10-03
Decided: 2014-10-10
Vaccine: influenza
Vaccination date: 2009-10-14
Condition: Transverse Myelitis
Outcome: compensated
Award amount USD: 165000

AI-assisted case summary:
James MacDougall Jr. filed a petition on October 3, 2012, alleging that an influenza vaccination he received on October 14, 2009 caused him to develop Transverse Myelitis (TM), with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's TM or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury.

Nonetheless, both parties agreed in a joint stipulation filed May 14, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $165,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On September 10, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Gowen awarded $30,245.68 payable jointly to petitioner and his counsel, Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., plus $458.32 to petitioner for his personal litigation costs, for a total of $30,704.00.

Theory of causation field:
Flu Oct 14, 2009 → Transverse Myelitis. Joint stipulation May 14, 2014; respondent denied causation; SM Gowen. $165,000. Fees $30,704 ($30,245.68 + $458.32 personal) (Homer, Conway Homer & Chin-Caplan, Boston MA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00665-0
Date issued/filed: 2014-06-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/14/2014) regarding 30 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00665-UNJ Document 34 Filed 06/04/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-665V
Filed: May 14, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JAMES MACDOUGALL Jr., *
*
Petitioner, * Stipulation; Flu; Transverse Myelitis
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Joe Pepper. Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA for petitioner.
Glenn MacLeod, Esq., U.S. Dept. of Justice, Washington, D.C. for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
James MacDougall, Jr. [“petitioner”] filed a petition for compensation under the
National Vaccine Injury Compensation Program2 on October 3, 2012. Petitioner alleges
that he suffered Transverse Myelitis [“TM”] that was caused in fact by a flu vaccination
he received on October 14, 2009. See Stipulation, filed May 14, 2014, at ¶¶ 2, 4.
Further, petitioner alleges that he experienced residual effects of his injury for more than
six months. Petition at 18. Respondent denies that the flu vaccine caused petitioner’s
alleged TM or any other injury, and further denies that his current disabilities are
sequelae of a vaccine-related injury. Stipulation at ¶ 6.
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 1:12-vv-00665-UNJ Document 34 Filed 06/04/14 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On May 14, 2014, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
(a) A lump sum of $165,000.00 in the form of a check payable to
petitioner, James MacDougall, Jr. This 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.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

Case 1:12-vv-00665-UNJ Document 34 Filed 06/04/14 Page 3 of 7

Case 1:12-vv-00665-UNJ Document 34 Filed 06/04/14 Page 4 of 7

Case 1:12-vv-00665-UNJ Document 34 Filed 06/04/14 Page 5 of 7

Case 1:12-vv-00665-UNJ Document 34 Filed 06/04/14 Page 6 of 7

Case 1:12-vv-00665-UNJ Document 34 Filed 06/04/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00665-1
Date issued/filed: 2014-10-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/11/2014) regarding 39 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00665-UNJ Document 42 Filed 10/10/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-665V
Filed: September 11, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JAMES MACDOUGALL Jr., *
*
Petitioner, * Stipulation; Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA for
petitioner.
Glenn MacLeod, Esq., U.S. Dept. of Justice, Washington, D.C. for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on May 14, 2014, adopting the parties’ Stipulation filed that same day. On
August 11, 2014, petitioner filed a Motion for Attorneys’ Fees & Costs. Pursuant to
General Order #9, petitioner also filed a statement detailing his costs incurred of
$458.32. Petitioner and Counsel Statement (General Order No. 9), filed August 11,
2014. Respondent requested and was granted an extension of time until September
12, 2014 to file her response to petitioner’s Motion.
On September 10, 2014, the parties filed a stipulation for attorneys’ fees and
costs. The stipulation indicates that respondent does not object to the amount of
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), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:12-vv-00665-UNJ Document 42 Filed 10/10/14 Page 2 of 2
$30,704.00 that petitioner is requesting, including $30,245.68 to cover fees and
expenses incurred by petitioner’s counsel, plus $458.32 to cover litigation expenses
incurred personally by petitioner.
I find that this 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, I hereby award the total $30,704.003 as
follows:
 a lump sum of $30,245.68 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Ronald C. Homer, for petitioner’s
attorneys’ fees and costs, and
 a lump sum of $458.32 in the form of a check payable to petitioner,
James MacDougall, Jr., for his personal litigation costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).