VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00765
Package ID: USCOURTS-cofc-1_12-vv-00765
Petitioner: C.R.
Filed: 2012-11-14
Decided: 2014-07-29
Vaccine: influenza
Vaccination date: 2010-11-19
Condition: anaphylaxis, non-anaphylactic allergic reaction, or acute asthma attack which caused his death
Outcome: compensated
Award amount USD: 48323

AI-assisted case summary:
Nicole Eckhardt, as the legal representative of her deceased minor son C.R., filed a petition on November 14, 2012, alleging that C.R. suffered an anaphylaxis, non-anaphylactic allergic reaction, or acute asthma attack which caused his death as a result of an influenza vaccine administered on November 19, 2010. The respondent was the Secretary of Health and Human Services. On June 4, 2014, a decision was entered awarding compensation to the petitioner based on a stipulation between the parties. Subsequently, on July 29, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. They agreed to a total award of $48,323.16 for attorneys' fees and costs, with petitioner's counsel representing that no reimbursable costs were advanced by the petitioner. Special Master Nora Beth Dorsey granted the request for attorneys' fees and costs in the stipulated amount, ordering that a check be issued jointly to the petitioner and her attorney, Curtis R. Webb. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed. The decision was issued by Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Nicole Eckhardt, on behalf of her deceased minor son C.R., alleged that an influenza vaccine administered on November 19, 2010, caused C.R. to suffer an anaphylaxis, non-anaphylactic allergic reaction, or acute asthma attack, resulting in his death. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury or death, or the mechanism of injury. The case resulted in a stipulated award of compensation. The parties filed a stipulation concerning attorneys' fees and costs, agreeing to a total award of $48,323.16, which was granted by Special Master Nora Beth Dorsey on July 29, 2014. Petitioner's counsel was Curtis R. Webb, and respondent's counsel was Heather Lynn Pearlman. The decision does not detail the specific findings or reasoning regarding the theory of causation that led to the compensation award, as it was based on a stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00765-0
Date issued/filed: 2014-08-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/30/2014) regarding 37 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:12-vv-00765-UNJ Document 40 Filed 08/20/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 30, 2014
* * * * * * * * * * * * * *
NICOLE ECKHARDT, as the legal * UNPUBLISHED
representative of the estate of her *
deceased son, C.R., * No. 12-765V
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorney’s Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Curtis R. Webb, Twin Falls, ID, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On November 14, 2012, Nicole Eckhardt (“petitioner”) filed a petition on behalf of her
minor son, C.R., pursuant to the National Vaccine Injury Compensation Program. 42 U.S.C. §§
300aa-1 to -34 (2006). Petitioner alleged that C.R. suffered “an anaphylaxis, non-anaphylactic
allergic reaction, or acute asthma attack which caused his death” as a result of an influenza
(“flu”) vaccine administered to him on November 19, 2010. See Petition at ¶4. On June 4, 2014,
a decision was entered awarding compensation to petitioner based on the parties’ stipulation.
On July 29, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $48,323.16. In accordance with General Order #9,
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.
1

Case 1:12-vv-00765-UNJ Document 40 Filed 08/20/14 Page 2 of 2
petitioner’s counsel represents that petitioner did not advance any reimbursable costs in pursuit
of her claim.
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 the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Curtis R. Webb, in the amount of $48,323.16.
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.2
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2 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