VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00222
Package ID: USCOURTS-cofc-1_13-vv-00222
Petitioner: Mary E. Thompson
Filed: 2015-02-27
Decided: 2015-04-07
Vaccine: Tdap
Vaccination date: 2012-04-11
Condition: headaches, chest pain, fatigue, dizziness and disorientation
Outcome: compensated
Award amount USD: 87350

AI-assisted case summary:
Mary E. Thompson filed a petition on February 27, 2015, alleging that she suffered from headaches, chest pain, fatigue, dizziness, and disorientation as a result of receiving a Tdap vaccine on April 11, 2012. She further alleged that these residual effects lasted for more than six months. The respondent denied that the Tdap vaccine caused or aggravated her alleged injuries. On February 27, 2015, the parties filed a joint stipulation for damages, which the Special Master adopted. Petitioner was awarded a lump sum of $25,000.00 for all damages. Subsequently, on March 16, 2015, the parties filed a stipulation for attorneys' fees and costs. The Special Master approved and granted these amounts, awarding $60,000.00 in attorneys' fees and costs, jointly payable to petitioner and her attorney, Lisa A. Roquemore, and $2,350.00 in out-of-pocket costs, payable to petitioner. Judgment was entered in accordance with the stipulations. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of causation. Petitioner was represented by Lisa A. Roquemore. Respondent was represented by Darryl R. Wishard. Special Master Nora Beth Dorsey presided over the case.

Theory of causation field:
Petitioner Mary E. Thompson alleged that a Tdap vaccine administered on April 11, 2012, caused her to suffer from headaches, chest pain, fatigue, dizziness, and disorientation, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for damages, resulting in an award of $25,000.00 for all damages. Attorneys' fees and costs totaling $60,000.00, plus $2,350.00 in out-of-pocket costs, were also awarded. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Special Master Nora Beth Dorsey issued the decision on March 20, 2015, approving the damages stipulation, and on April 7, 2015, approving the fees and costs stipulation. Petitioner was represented by Lisa A. Roquemore, and respondent by Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00222-0
Date issued/filed: 2015-03-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/27/2015) regarding 46 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00222-UNJ Document 56 Filed 03/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-222V
Filed: February 27, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
MARY E. THOMPSON, *
*
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Tdap vaccine; Headaches;
AND HUMAN SERVICES, * Chest pain; fatigue; dizziness
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Lisa A. Roquemore, Law Offices of Lisa A. Roquemore, Irvine, CA, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On March 28, 2013, Mary E. Thompson (“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 as a result of receiving a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on
April 11, 2012, she suffered from headaches, chest pain, fatigue, dizziness and disorientation.
Stipulation at ¶ 2, 4. Further, petitioner alleged that she experienced residual effects of her injury
for more than six months. Id. at ¶ 4.
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-00222-UNJ Document 56 Filed 03/20/15 Page 2 of 7
On February 27, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the Tdap vaccine caused or
significantly aggravated petitioner’s alleged injuries or any other injury, and also denies that
petitioner’s current disabilities are the result of a vaccine-related injury. Id. at ¶ 6. 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $25,000.00, in the form of a check payable to petitioner, Mary E.
Thompson. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 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-00222-1
Date issued/filed: 2015-04-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/17/2015) regarding 54 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00222-UNJ Document 58 Filed 04/07/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 13-222V
Filed: March 17, 2015
* * * * * * * * * * * * * *
MARY E THOMPSON, * UNPUBLISHED
*
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to which
* Respondent does not Object.
Respondent. *
*
* * * * * * * * * * * * *
Lisa A. Roquemore, Law Offices of Lisa A. Roquemore, Irvine, CA, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On March 28, 2013, Mary E. Thompson (“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 headaches, chest pain, fatigue, dizziness and disorientation as a result
of a tetanus-diphtheria-acellular pertussis (“TDaP”) vaccination she received on April 11, 2012.
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-00222-UNJ Document 58 Filed 04/07/15 Page 2 of 2
See Petition at 2, 6. On February 27, 2015, the undersigned entered a decision awarding
compensation to petitioner based on a joint stipulation filed by the parties.
On March 16, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
The parties stipulate to a total award of attorneys’ fees and costs in the amount of $60,000.00. In
accordance with General Order #9, petitioner’s counsel represents that petitioner personally
incurred out-of-pocket costs in the amount of $2,350.00.
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 petitioner’s request and the lack of any objection by
respondent, 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 petitioner and to petitioner’s attorney,
Lisa A. Roquemore, of the Law Office of Lisa A. Roquemore, in the amount of
$60,000.00; and
2) in the form of a check payable to petitioner only in the amount of $2,350.00.
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