VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00209
Package ID: USCOURTS-cofc-1_13-vv-00209
Petitioner: Mona Marie Troup
Filed: 2013-03-25
Decided: 2014-09-17
Vaccine: Tdap
Vaccination date: 2012-02-08
Condition: brachial neuritis and left arm pain
Outcome: compensated
Award amount USD: 77336

AI-assisted case summary:
Mona Marie Troup filed a petition on March 25, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a Tetanus-Diphtheria-Acellular Pertussis (Tdap) vaccination administered on February 8, 2012, caused her to develop brachial neuritis and left arm pain. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 30, 2013, conceding the petitioner's entitlement to compensation. A proffer on damages was submitted by the parties on June 2, 2014. Special Master Lisa Hamilton-Fieldman adopted this proffer, awarding Mona Marie Troup $77,336.04. This lump sum payment was intended to cover all applicable damages under 42 U.S.C. § 300aa-15(a)(1), (a)(3)(B), and (a)(4). Petitioner's counsel, Kelly D. Burdette of Burkett & Burdette, subsequently filed a stipulation for attorneys' fees and costs on July 10, 2014. On September 9, 2014, Special Master Hamilton-Fieldman approved this stipulation, awarding $9,858.81 in attorneys' fees and costs, payable jointly to Mona Marie Troup and Kelly Danielle Burdette. Petitioner had not personally incurred any out-of-pocket litigation expenses. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The respondent was represented by Melonie J. McCall and Voris Edward Johnson, Jr. of the U.S. Department of Justice.

Theory of causation field:
Petitioner Mona Marie Troup alleged that a Tdap vaccination received on February 8, 2012, caused brachial neuritis and left arm pain. The respondent conceded entitlement to compensation in a Rule 4(c) report filed on December 30, 2013. A proffer on damages was submitted on June 2, 2014, and adopted by Special Master Lisa Hamilton-Fieldman, awarding $77,336.04. Attorneys' fees and costs of $9,858.81 were awarded on September 9, 2014, to petitioner's counsel, Kelly D. Burdette of Burkett & Burdette. The public record does not detail the specific medical mechanism of injury, expert testimony, or clinical findings beyond the alleged condition and its outcome. Petitioner was represented by Kelly D. Burdette, and the respondent was represented by Melonie J. McCall and Voris E. Johnson, Jr.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00209-0
Date issued/filed: 2014-06-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/02/2014) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00209-UNJ Document 36 Filed 06/24/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-209V
(E-Filed: June 2, 2014)
* * * * * * * * * * * * * * *
MONA MARIE TROUP, * UNPUBLISHED
*
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Tetanus-Diphtheria-Acellular
SECRETARY OF HEALTH AND * Pertussis (“Tdap”) Vaccine;
HUMAN SERVICES, * Brachial Neuritis; Decision;
* Proffer.
Respondent. * .
* * * * * * * * * * * * * * *
Kelly D. Burdette, Burkett & Burdette, Seattle, WA, for Petitioner.
Melonie J. McCall, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 25, 2013, Petitioner, Mona Marie Troup, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”). Petitioner alleged that she was injured by the administration of a tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination administered on February 8, 2012,
and that she thereafter suffered left arm brachial neuritis and left arm pain. Petitioner
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this decision on the
United States Court of Federal Claims’ website, 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.” Otherwise, “the entire”
decision will be available to the public. Id.
1

Case 1:13-vv-00209-UNJ Document 36 Filed 06/24/14 Page 2 of 4
alleged that this condition was caused-in-fact her receipt of the Tdap vaccination.2
The parties agreed and submitted in a proffer, filed on June 2, 2014, that based on
the evidence of record, Petitioner should be awarded $77,336.04. This amount represents
all elements of compensation to which Petitioner would be entitled under 42 U.S.C.
§300aa-15(a)(1); 15(a)(3)(B); and 15(a)(4).
The undersigned finds said proffer reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
The proffer awards:
A lump sum of $77,336.04, in the form of a check payable to Petitioner,
Mona Marie Troup. This amount represents all damages available under 42
U.S.C. §300aa-15(a) to which Petitioner would be entitled.
Proffer Section II.
The undersigned approves the requested amounts for Petitioner’s compensation.
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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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.
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

Case 1:13-vv-00209-UNJ Document 36 Filed 06/24/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF THE SPECIAL MASTERS
___________________________________
MONA MARIE TROUP, )
)
Petitioner, )
) No. 13-209V
v. ) Special Master
) Lisa Hamilton-Fieldman
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 30, 2013, the Secretary of Health and Human Services, hereinafter,
“respondent,” filed a Rule 4(c) Report conceding entitlement in the above-captioned matter.
Respondent hereby submits the following proffer on damages.
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$77,336.04. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(B); and §15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $ $77,336.04 in the form of a check payable to petitioner, Mona
Marie Troup. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses and future pain and suffering.

Case 1:13-vv-00209-UNJ Document 36 Filed 06/24/14 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
s/Melonie J. McCall
MELONIE J. McCALL
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4098
DATED: June 2, 2014
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00209-1
Date issued/filed: 2014-09-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/18/2014) regarding 39 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00209-UNJ Document 42 Filed 09/09/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-209V
(E-Filed: August 18, 2014)
* * * * * * * * * * * * * * *
MONA MARIE TROUP, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Kelly Danielle Burdette, Burkett & Burdette, Seattle, WA, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on June 2, 2014. On July 10, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $9,858.81, representing total attorneys’ fees and costs. In
accordance with General Order # 9, Petitioner’s counsel stated that no out-of-pocket
expenses had been incurred by Petitioner.
1 The undersigned 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, § 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 trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:13-vv-00209-UNJ Document 42 Filed 09/09/14 Page 2 of 2
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award the amount of $9,858.81, in
the form of a check made payable jointly to Petitioner and Petitioner’s counsel,
Kelly Danielle Burdette, Esq.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2