VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00675
Package ID: USCOURTS-cofc-1_12-vv-00675
Petitioner: Paul S. Heckle
Filed: 2012-10-05
Decided: 2015-07-28
Vaccine: influenza
Vaccination date: 2009-12-05
Condition: acute disseminated encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 909992

AI-assisted case summary:
Paul S. Heckle filed a petition on October 5, 2012, alleging that an influenza (flu) vaccination he received on approximately December 5, 2009 caused him to develop Acute Disseminated Encephalomyelitis (ADEM), with effects lasting more than six months. Respondent denied that the flu or TDaP immunization caused petitioner's ADEM or any other injury, and denied that his current disabilities were vaccine sequelae.

Nonetheless, both parties agreed in a stipulation filed October 28, 2014 to settle the case. Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $909,992.00, comprising $80,157.00 for first year life care expenses, $618,898.00 for lost earnings, $190,000.00 for pain and suffering, and $20,937.00 for past unreimbursable expenses, plus an annuity for future compensation, representing all damages available under 42 U.S.C. § 300aa-15(a).

On April 14, 2015, the parties filed a stipulation of attorneys' fees and costs. Special Master Corcoran awarded $57,600.76 payable jointly to petitioner and his counsel, Elizabeth Muldowney of Rawls, McNelis and Mitchell, P.C. Petitioner had not personally incurred any out-of-pocket litigation costs.

Theory of causation field:
Flu Dec 5, 2009 (+ TDaP; both vaccines in header) → ADEM. Stipulation Oct 28, 2014; SM Corcoran. Lump $909,992 (life care $80,157 + lost earnings $618,898 + pain/suffering $190,000 + past expenses $20,937) + annuity. Fees $57,600.76 (Muldowney, Rawls McNelis & Mitchell, Richmond VA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00675-0
Date issued/filed: 2014-11-21
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/30/2014) regarding 30 DECISION Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00675-UNJ Document 34 Filed 11/21/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-675V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
PAUL S. HECKLE, * Filed: October 30, 2014
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Acute Disseminated
SECRETARY OF HEALTH AND * Encephalomyelitis (“ADEM”);
HUMAN SERVICES, * Tetanus-diphtheria and
* Pertussis (“Tdap”) Vaccine
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for Petitioner.
Gordon Shemin, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On October 5, 2012, Paul S. Heckle filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving
the influenza (“flu”) vaccine on or about December 5, 2009, he now suffers from acute
disseminated encephalomyelitis (“ADEM”), and that he experienced the effects of this injury for
more than six months.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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). Otherwise, the ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:12-vv-00675-UNJ Document 34 Filed 11/21/14 Page 2 of 9
Respondent denies that the tetanus-diphtheria and pertussis (“Tdap”) or flu immunization
caused Petitioner’s ADEM, or any other injury, and denies that his current disabilities are
sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining their above-
stated positions, agreed in a stipulation (filed October 28, 2014) that the issues before them can
be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding
damages on the terms set forth therein.
The stipulation awards:
 A lump sum of $909,992.00, which amount represents compensation for first
year life care expenses ($80,157.00); lost earnings ($618,898.00); pain and
suffering ($190,000.00); and past unreimbursable expenses ($20,937.00), in the
form of a check payable to Petitioner; and
 An amount sufficient to purchase the annuity contract(s) as described in
paragraph 10 of the stipulation, paid to the life insurance company(ies) from
which the annuity(ies) will be purchased.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a). Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00675-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/15/2015) Regarding 36 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:12-vv-00675-UNJ Document 39 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-675V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
PAUL S. HECKLE, * Filed: April 15, 2015
*
Petitioner, *
* Decision by Stipulation;
v. * Attorney’s Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for Petitioner.
Gordon Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On October 5, 2012, Paul S. Heckle filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”).2 On October 28, 2014,
the parties filed a stipulation detailing the amount to be awarded to Petitioner. I found the
stipulation to be reasonable and issued a decision granting Petitioner an award as outlined in the
stipulation.
The parties filed another stipulation, this time regarding attorney’s fees and costs, on April
14, 2015. In it, the parties stipulated that Petitioner’s counsel should receive a lump sum of
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so,
Vaccine Rule 18(b) provides that each party has fourteen (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). Otherwise, the ruling will be available to the public. Id.
2 The Vaccine Program comprises 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-10 through 34 (2006)) [hereinafter “Vaccine Act” or “the
Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:12-vv-00675-UNJ Document 39 Filed 07/28/15 Page 2 of 2
$57,600.76, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount
represents a sum to which Respondent does not object. In addition, in compliance with General
Order No. 9, Petitioner has represented that he did not personally incur any reimbursable costs in
proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $57,600.76 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Elizabeth M. Muldowney, Esq. This represents all attorney’s fees and costs
available under 42 U.S.C. § 300aa-15(e). 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2