VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00153
Package ID: USCOURTS-cofc-1_13-vv-00153
Petitioner: J.O.C.
Filed: 2013-03-01
Decided: 2015-01-26
Vaccine: DTaP
Vaccination date: 2010-09-22
Condition: tic disorder, abnormal EEG and other injuries
Outcome: compensated
Award amount USD: 14999

AI-assisted case summary:
On March 1, 2013, J.O.C., a minor, by his parents Chris and Sarah Cooper, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that J.O.C. suffered adverse effects from the diphtheria-tetanus-acellular pertussis (DTaP) and pneumococcal conjugate (Prevnar) vaccines administered on September 22, 2010, and March 9, 2011. Petitioners claimed that J.O.C. developed a tic disorder, abnormal EEG, and other injuries, and that these conditions were caused-in-fact by the vaccinations, with residual effects lasting more than six months. The respondent denied that the vaccines caused J.O.C.'s conditions. On October 2, 2014, the parties filed a joint stipulation on damages. The stipulation stated that the parties agreed to a total compensation of $1,970.29 for past unreimbursed expenses and $13,029.71 for J.O.C.'s estate, totaling $14,999.00. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court. On January 26, 2015, a subsequent decision approved an additional award for attorneys' fees and costs. The parties stipulated to a total award of $22,840.21 for attorneys' fees and costs, jointly payable to petitioners and their attorney, William E. Cochran, Jr., of Black McLaren Jones Ryland & Griffee, PC. Petitioners also incurred $847.00 in out-of-pocket costs, payable to petitioners only. The case was resolved via stipulation and awarded compensation. The public decision does not describe the onset of symptoms, specific clinical details of the injuries, diagnostic tests performed, treatments received, or the specific mechanism of causation.

Theory of causation field:
Petitioners alleged that the DTaP and Prevnar vaccines administered on September 22, 2010, and March 9, 2011, to minor J.O.C. caused-in-fact a tic disorder, abnormal EEG, and other injuries, with residual effects lasting more than six months. Respondent denied causation. The case was resolved via a joint stipulation on damages, with no specific medical experts or detailed causation theories presented in the public decision. The parties stipulated to compensation for past unreimbursed expenses ($1,970.29) and for J.O.C.'s estate ($13,029.71), totaling $14,999.00. Attorneys' fees and costs of $22,840.21 and petitioners' out-of-pocket costs of $847.00 were also awarded. Special Master Nora Beth Dorsey approved the stipulation. The theory of causation is described as 'Off-Table' in the provided database fields, indicating it does not fall under a specific vaccine injury listed in the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00153-0
Date issued/filed: 2014-10-23
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 10/02/2014) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00153-UNJ Document 46 Filed 10/23/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-153V
Filed: October 2, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
J.O.C., a minor, by his parents CHRIS and *
SARAH COOPER, *
* Special Master Dorsey
Petitioners, *
*
v. * Joint Stipulation on Damages;
* Diphtheria-tetanus-acellular pertussis
SECRETARY OF HEALTH * (DTaP) Vaccine; Pneumococcal
AND HUMAN SERVICES, * Conjugate (Prevnar); Tic Disorder;
* Seizures, and other injuries.
Respondent. *
* * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, PC, for petitioners.
Voris Edward Johnson, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On March 1, 2013, Chris and Sarah Cooper (“petitioners”) filed a petition, on behalf of
their minor son, J.O.C., pursuant to the National Vaccine Injury Compensation Program.2 42
U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that J.O.C. suffered the adverse effects
from the diphtheria-tetanus-acellular pertussis (“DTaP”) and pneumococcal conjugate
(“Prevnar”) vaccines administered to him on September 22, 2010, and March 9, 2011. See
Petition at 1. Specifically, petitioners claimed that J.O.C. developed a “tic disorder, abnormal
EEG and other injuries that were ‘caused-in-fact’ by the above stated vaccinations.” Id.
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 1:13-vv-00153-UNJ Document 46 Filed 10/23/14 Page 2 of 8
Petitioners further alleged that J.O.C. experienced the residual effects of these injuries for more
than six months. Id.
On October 2, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that the DTaP or Prevnar vaccines or any other vaccine caused J.O.C.
to suffer a tic disorder, seizures, any other injury, or his current disabilities. 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 petitioners shall receive the following compensation:
(1) A lump sum of $1,970.29, in the form of a check payable to petitioners for past
unreimbursed expenses; and
(2) A lump sum of $13, 029.71, in the form of a check payable to petitioners as
guardians/conservators of J.O.C.’s estate.
The above amounts 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 petitioners’ 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_13-vv-00153-1
Date issued/filed: 2015-01-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/05/2015) regarding 48 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00153-UNJ Document 51 Filed 01/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 5, 2015
* * * * * * * * * * * * * * UNPUBLISHED
J.O.C., a minor, by his parents CHRIS and * No. 13-153V
SARAH COOPER, *
*
Petitioners, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, PC, for petitioners.
Voris Edward Johnson, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On March 1, 2013, Chris and Sarah Cooper (“petitioners”) filed a petition, on behalf of
their minor son, J.O.C., pursuant to the National Vaccine Injury Compensation Program.2 42
U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that J.O.C. suffered the adverse effects
from the diphtheria-tetanus-acellular pertussis (“DTaP”) and pneumococcal conjugate
(“Prevnar”) vaccines administered to him on September 22, 2010, and March 9, 2011. See
Petition at 1. Specifically, petitioners claimed that J.O.C. developed a “tic disorder, abnormal
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 1:13-vv-00153-UNJ Document 51 Filed 01/26/15 Page 2 of 2
EEG and other injuries that were ‘caused-in-fact’ by the above stated vaccinations.” Id. On
October 2, 2014, a decision was entered based on the parties’ stipulation awarding compensation
to petitioner.
On December 31, 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 petitioners
of attorneys’ fees and costs in the amount of $22,840.21. In accordance with General Order #9,
petitioners’ counsel states that petitioners personally incurred $847.00, in costs in pursuit of their
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:
(1) in the form of a check jointly payable to petitioners and to petitioners’ attorney,
William E. Cochran, of the law firm of Black, McLaren Jones Ryland & Griffee, PC.,
in the amount of $22,840.21, and
(2) in the form of a check payable to petitioners only in the amount of $847.00.
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