VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00884
Package ID: USCOURTS-cofc-1_12-vv-00884
Petitioner: Lynn Koetje
Filed: 2014-04-15
Decided: 2014-04-15
Vaccine: DTaP
Vaccination date: 2012-04-09
Condition: acute demyelinating encephalomyelitis
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Lynn Koetje, an adult, filed a petition on April 15, 2014, alleging that she received a DTaP vaccine on April 9, 2012, which caused her to develop acute demyelinating encephalomyelitis (ADEM) and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the DTaP vaccine caused Ms. Koetje's ADEM or any other injuries. The parties reached a stipulation to settle the case, which Special Master Laura D. Millman adopted. Pursuant to the stipulation, Ms. Koetje was awarded a lump sum of $90,000.00 as compensation for all damages. This award was to be paid via a check made payable to the petitioner. A separate decision on April 22, 2014, also based on a stipulation between the parties, awarded $11,916.56 for attorneys' fees and costs. This amount was to be paid via a check made payable jointly to petitioner Lynn Koetje and her counsel, Nemes, Rooney & McKindles P.C. The case was resolved through these damages and fees decisions based on stipulation. Scott W. Rooney represented the petitioner, and Jennifer L. Reynaud represented the respondent. The public decision does not describe the specific onset of symptoms, clinical details of the ADEM, diagnostic tests performed, or treatments received.

Theory of causation field:
Petitioner Lynn Koetje alleged that her April 9, 2012, DTaP vaccination caused her to develop acute demyelinating encephalomyelitis (ADEM) and experience residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence considered. The case was resolved via a stipulation for a damages award of $90,000.00, paid as a lump sum check to the petitioner, and attorneys' fees and costs of $11,916.56, paid jointly to the petitioner and her counsel, Nemes, Rooney & McKindles P.C. Special Master Laura D. Millman issued the decisions on April 15, 2014 (damages) and April 22, 2014 (fees). Petitioner was represented by Scott W. Rooney, and respondent by Jennifer L. Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00884-0
Date issued/filed: 2014-05-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/15/2014) regarding 36 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00884-UNJ Document 42 Filed 05/06/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-884V
Filed: April 15, 2014
Not for Publication
*************************************
LYNN KOETJE, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * DTaP vaccine; acute demyelinating
* encephalomyelitis
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Scott W. Rooney, Farmington Hills, MI, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 14, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered acute
demyelinating encephalomyelitis (“ADEM”) that was caused by her April 9, 2012, receipt of
Diphtheria-Tetanus-acellular Pertussis (“DTaP”) vaccine. She further alleges that she
experienced the residual effects of this injury for more than six months. Respondent denies that
DTaP vaccine caused petitioner’s ADEM and its residual effects, any other injuries, or her current
condition. Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:12-vv-00884-UNJ Document 42 Filed 05/06/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$90,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $90,000.00 made payable 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.2
IT IS SO ORDERED.
Dated: April 15, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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Case 1:12-vv-00884-UNJ Document 42 Filed 05/06/14 Page 7 of 7
Dated: April 14, 2014

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00884-1
Date issued/filed: 2014-05-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/22/2014) regarding 40 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00884-UNJ Document 43 Filed 05/13/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-884V
Filed: April 22, 2014
Not for Publication
*************************************
LYNN KOETJE, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Scott W. Rooney, Farmington Hills, MI, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On April 21, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request for
attorneys’ fees and costs to respondent. During informal discussions, respondent raised
objections to certain items in petitioner’s application but found the total amount of fees and costs
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:12-vv-00884-UNJ Document 43 Filed 05/13/14 Page 2 of 2
requested to be reasonable. Petitioner now requests reimbursement for attorneys’ fees and costs
in the amount of $11,916.56. Respondent does not object to this amount. The undersigned finds
this amount to be reasonable. Accordingly, the court awards $11,916.56, representing
reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made
payable jointly to petitioner and Nemes, Rooney & McKindles P.C. in the amount of $11,916.56.
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.2
IT IS SO ORDERED.
Dated: April 22, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2