VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00216
Package ID: USCOURTS-cofc-1_13-vv-00216
Petitioner: Kimberly Pedersen
Filed: 2013-03-27
Decided: 2015-01-07
Vaccine: influenza
Vaccination date: 2011-10-23
Condition: post-vaccinal demyelinating syndrome, including transverse myelitis, Multiple Sclerosis, and fatigue
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Kimberly Pedersen filed a petition on March 27, 2013, alleging that an influenza (flu) vaccination she received on October 23, 2011 caused her to develop a post-vaccinal demyelinating syndrome, including transverse myelitis, multiple sclerosis, and fatigue. Respondent denied that the flu vaccine caused petitioner's demyelinating syndrome or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed November 5, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $135,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $21,133.95, payable jointly to petitioner and her counsel, Howard Scott Gold of Gold Law Firm LLC. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 23, 2011 → post-vaccinal demyelinating syndrome (transverse myelitis, MS, fatigue). Joint stipulation Nov 5, 2014; SM Dorsey. Comp $135,000. Fees $21,133.95 (Gold, Gold Law Firm LLC, Wellesley Hills MA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00216-0
Date issued/filed: 2014-12-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/05/2014) regarding 33 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00216-UNJ Document 42 Filed 12/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-216V
Filed: November 5, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
KIMBERLY PEDERSEN, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza vaccine; Post-Vaccinal
AND HUMAN SERVICES, * Demyelinating Syndrome;
* Transverse Myelitis; Multiple
Respondent. * Sclerosis, and Fatigue.
*
* * * * * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On March 27, 2013, Kimberly Pedersen (“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 she developed “post-vaccinal demyelinating syndrome, including
transverse myelitis, Multiple Sclerosis, and fatigue” as a result of an influenza (“flu”)
vaccination that she received on October 23, 2011. See Petition at 1. Petitioner further alleged
that she 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 1:13-vv-00216-UNJ Document 42 Filed 12/01/14 Page 2 of 7
On November 5, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies the flu vaccine is the cause of petitioner’s alleged TM and/or any
other 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 $135,000.00, in the form of a check payable to petitioner. 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_13-vv-00216-1
Date issued/filed: 2014-12-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/12/2014) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00216-UNJ Document 43 Filed 12/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 12, 2014
* * * * * * * * * * * * * * UNPUBLISHED
KIMBERLY PEDERSEN, * No. 13-216V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Traci R Patton, U.S. Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On March 27, 2013, Kimberely Pedersen (“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 she developed “post-vaccinal demyelinating syndrome, including
transverse myelitis, Multiple Sclerosis, and fatigue” as a result of an influenza (“flu”)
vaccination that she received on October 23, 2011. See Petition at 1. On November 5, 2014, a
decision was entered based on the parties’ stipulation awarding compensation to petitioner.
On November 12, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’
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-00216-UNJ Document 43 Filed 12/04/14 Page 2 of 2
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 $21,133.95. In accordance with General Order #9,
petitioner’s counsel represents that petitioner did not personally 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, Howard
Scott Gold, of the Gold Law Firm, LLC, in the amount of $21,133.95.
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