VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00736
Package ID: USCOURTS-cofc-1_12-vv-00736
Petitioner: Robert Slater
Filed: 2015-01-20
Decided: 2015-04-09
Vaccine: tetanus
Vaccination date: 2011-08-17
Condition: tendinopathy
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Robert Slater filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered tendinopathy as a result of a tetanus vaccine received on August 17, 2011, and an influenza vaccine received on November 30, 2011. He further alleged that he experienced residual effects for more than six months. The parties subsequently filed a joint stipulation for damages, agreeing that compensation should be awarded. Respondent denied that either vaccine caused petitioner's tendinopathy or any other injury. Nevertheless, the parties stipulated to a lump sum payment of $150,000.00 to petitioner for all damages. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Later, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to a total award of $35,150.00 in fees and costs, plus $650.00 in out-of-pocket costs to petitioner. The Special Master granted this request, ordering payment of fees and costs. Judgment was entered in accordance with the terms of the parties' stipulations.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00736-0
Date issued/filed: 2015-02-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/20/2015) regarding 46 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:12-vv-00736-UNJ Document 47 Filed 02/10/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-736V
Filed: January 20, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ROBERT SLATER, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) vaccine; Tetanus
AND HUMAN SERVICES, * vaccine; Tendinopathy.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Martin James Martinez, Martinez Law Office, Napa, CA, for petitioner.
Linda Sara Renzi, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On October 31, 2012, Robert Slater (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that he suffered from tendinopathy as a result of a tetanus vaccine he received on August 17,
2011, and an influenza (“flu”) vaccine that he received on November 30, 2011. See Petition at 1-
3. Petitioner further alleged that he experienced the residual effects of these injuries for more
than six months. Id. at 3.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
Vaccine Rule 18(b), 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).
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:12-vv-00736-UNJ Document 47 Filed 02/10/15 Page 2 of 7
On January 16, 2015, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that either the tetanus or the flu vaccine caused petitioner’s
tendinopathy, or any other injury, and denies that his current disabilities are sequelae of a
vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $150,000.00, in the form of a check payable to petitioner, Robert
Slater. This amount represent compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00736-1
Date issued/filed: 2015-04-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/19/2015) regarding 52 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:12-vv-00736-UNJ Document 56 Filed 04/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 12-736V
Filed: March 19, 2015
* * * * * * * * * * * * * *
ROBERT SLATER, * UNPUBLISHED
*
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to which
* Respondent Does not Object.
Respondent. *
*
* * * * * * * * * * * * *
Martin J. Martinez, Martinez Law Office, Napa, CA, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On October 31, 2012, Robert Slater (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that he developed tendinopathy as a result of tetanus and influenza (“flu”) vaccines he received on
August 17, 2011 and November 30, 2011, respectively. See Petition at ¶ 2, 4-5. On January 20,
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), 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 entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:12-vv-00736-UNJ Document 56 Filed 04/09/15 Page 2 of 2
2015, the undersigned entered a decision awarding compensation to petitioner based on a joint
stipulation filed by the parties.
On March 19, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
The parties stipulate to a total award of attorneys’ fees and costs in the amount of $35,150.00. In
accordance with General Order #9, petitioner represents that he personally incurred out-of-pocket
costs in the amount of $650.00.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection by
respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees
and costs.
Accordingly, an award should be made as follows:
1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Martin J. Martinez, of the Martinez Law Office, in the amount of $35,150.00.
2) in the form of a check payable to petitioner only in the amount of $650.00.
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/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2