VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00240
Package ID: USCOURTS-cofc-1_13-vv-00240
Petitioner: Noteel Koss
Filed: 2013-04-05
Decided: 2015-02-12
Vaccine: Twinrix (hepatitis A and B), Tdap, Menactra, IPV, typhoid, yellow fever
Vaccination date: 2010-04-16
Condition: Sweet's Syndrome
Outcome: denied
Award amount USD: 

AI-assisted case summary:
Noteel Koss filed a petition on April 5, 2013, alleging that seven vaccinations she received on April 16, 2010 — Twinrix (hepatitis A and B), tetanus-diphtheria-acellular pertussis (Tdap), Menactra (meningococcal), inactivated polio (IPV), typhoid, and yellow fever — caused her to develop Sweet's syndrome (acute febrile neutrophilic dermatosis). Respondent concluded that petitioner had not offered a reputable theory of causation and that medical records showed a pre-existing history of cold sores and a similar rash.

After multiple extensions to obtain an expert report, petitioner was unable to retain an expert and filed a motion for a ruling on the record in June 2014. Special Master Moran denied compensation on July 14, 2014, finding that petitioner had not established a Table injury and had failed to demonstrate by preponderant evidence that any of her vaccines caused her Sweet's syndrome. Special Master Moran subsequently awarded attorneys' fees and costs of $9,893.35 jointly to petitioner and her counsel, Sean F. Greenwood, and $530.16 to petitioner for personally incurred out-of-pocket costs, finding the petition was filed in good faith with a reasonable basis.

Theory of causation field:
Multiple vaccines (Twinrix HepA+B, Tdap, Menactra meningococcal, IPV, typhoid, yellow fever) Apr 16, 2010 → Sweet's syndrome. Unable to retain expert; moved for ruling on record. SM Moran DENIED Jul 14, 2014: no Table injury, no reputable causation theory. Fees $9,893.35 + out-of-pocket $530.16 good-faith (Greenwood, Houston TX). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00240-0
Date issued/filed: 2014-08-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/14/2014) regarding 40 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00240-UNJ Document 41 Filed 08/12/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * *
NOTEEL KOSS, * No. 13-240V
* Special Master Christian J. Moran
Petitioner, *
* Filed: July 14, 2014
v. *
* Decision on the record; insufficient proof
SECRETARY OF HEALTH * of causation; Sweet’s Syndrome.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * *
Sean Greenwood, Houston, TX, for petitioner;
Justine E. Daigneault, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION 1
Noteel Koss filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. §300aa-10 through 34 (2006), on April 5, 2011. In her petition,
Ms. Koss alleged that she developed Sweet’s Syndrome, resulting from the
Twinrix hepatitis A and B, tetanus-diphtheria-acellular pertussis (“Tdap”),
Menactra meningoccocal, inactivated polio (“IPV”), typhoid, and yellow fever
vaccinations administered to her on April 16, 2010. The information in the record,
however, does not show entitlement to an award under the Program.
1
The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the
parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00240-UNJ Document 41 Filed 08/12/14 Page 2 of 4
I. Procedural History
On June 3, 2013, Ms. Koss filed medical records (exhibits 2-8) and a
statement of completion. Respondent requested that Ms. Koss file additional
medical records, which were necessary for her to address Ms. Koss’s claim in a
Rule 4 report. See Status Rep., filed June 19, 2013. Between June and August
2013, Ms. Koss periodically filed additional medical records (exhibits 9-21). She
filed a second statement of completion on August 29, 2013.
On October 25, 2013, respondent filed her Rule 4(c) report concluding that
Ms. Koss failed to fulfill the criteria for a Vaccine Table injury and failed to
demonstrate by preponderant evidence that Ms. Koss’s Sweet’s Syndrome was
caused by any of the vaccines received on April 16, 2010. Resp’t’s Rep., filed Oct.
25, 2013, at 9, 14. In her report, respondent noted that Ms. Koss had not offered a
reputable theory of causation linking her medical condition to her vaccinations. Id.
at 13. Further, respondent stated that the medical records indicate that Ms. Koss
had a history of cold sores and a rash similar to what she was alleging was caused
by vaccinations. Id.
On November 19, 2013, a status conference was held. In this conference,
Ms. Koss was ordered to file a status report and a damages affidavit by December
11, 2013. Ms. Koss filed her damages affidavit (exhibit 29) as well as corrections
to her previously submitted medical records (exhibits 22-28) on December 13,
2013.
On December 17, 2013, following a status conference, Ms. Koss was
ordered to file a status report regarding her progress in retaining an expert to opine
in her case by January 16, 2014. Ms. Koss did file this report, which stated that
she had located multiple experts, contacted them, and was waiting to hear back
from them. Ms. Koss requested additional time in which to file an expert report.
This request was granted. See order, filed Jan. 24, 2014.
On March 17, 2014, Ms. Koss filed another status report, indicating that she
believed that she had retained an expert for her case. Accordingly, Ms. Koss
requested additional time to allow her expert to review her medical records and to
offer an opinion on her case. Ms. Koss was to file a status report on her progress
with obtaining an expert report by April 18, 2014. See order, filed Mar. 24, 2014.
2

Case 1:13-vv-00240-UNJ Document 41 Filed 08/12/14 Page 3 of 4
By June 2, 2014, Ms. Koss had yet to file the ordered status report so a status
conference was set, sua sponte, for June 11, 2014. During this status conference,
Ms. Koss indicated that she had been unable to obtain an expert witness and would
proceed with a ruling on the record.
On June 16, 2014, Ms. Koss filed a motion for a ruling on the record.
Respondent filed her response to Ms. Koss’s motion on July 2, 2014. Accordingly,
this case is now ready for adjudication.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (hereinafter “the Program”), petitioner must prove either 1) that Ms. Koss
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to her vaccination, or 2) that she suffered an injury that was actually
caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An
examination of the record did not uncover any evidence that Ms. Koss suffered a
“Table Injury.” Thus, she is necessarily pursuing a causation-in-fact claim.2
Under the Act, a petitioner may not be given a Program award based solely
on the petitioner’s claims alone. Rather, the petition must be supported by either
medical records or by the opinion of a competent physician. § 300aa-13(a)(1). In
this case, because the medical records do not support Ms. Koss’s claim, a medical
opinion must be offered in support. Ms. Koss, however, has offered no such
opinion.
Accordingly, it is clear from the record in this case that Ms. Koss has failed
to demonstrate either that she suffered a “Table Injury” or that her injuries were
“actually caused” by a vaccination. Thus, this case is dismissed for insufficient
proof. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
2 Although the petition alleges the typhoid and yellow fever vaccines caused (or
contributed to) Ms. Koss’s Sweet’s Syndrome, neither typhoid nor yellow fever vaccine is listed
on the Vaccine Injury Table. 42 C.F.R. § 100.3 (2011).
3

Case 1:13-vv-00240-UNJ Document 41 Filed 08/12/14 Page 4 of 4
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
4

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00240-1
Date issued/filed: 2015-02-12
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 1/9/2015) regarding 46 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00240-UNJ Document 48 Filed 02/12/15 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * *
NOTEEL KOSS, * No. 13-240V
* Special Master Christian J. Moran
Petitioner, *
* Filed: January 9, 2015
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * *
Sean Greenwood, Houston, TX, for petitioner;
Justine E. Daigneault, U.S. Dep’t of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 31, 2014, respondent filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $10,423.51, an amount to which respondent does not object.
The Court awards this amount.
On April 5, 2013, Noteel Koss filed a petition for compensation alleging that
the Twinrix hepatitis A and B, tetanus-diphtheria-acellular pertussis (“Tdap”),
Menactra meningoccocal, inactivated polio (“IPV”), typhoid, and yellow fever
vaccinations, which she received on April 16, 2010, caused her to develop Sweet’s
Syndrome. Petitioner was unable to find an expert to establish causation and thus,
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00240-UNJ Document 48 Filed 02/12/15 Page 2 of 3
requested a ruling on the record. See order, issued June 11, 2014; see also Pet’r’s
Mot., filed June 16, 2014. In this ruling, compensation was denied. Decision,
issued July 14, 2014.
Even though compensation was denied, a petitioner who brings her petition
in good faith and who has a reasonable basis for the petition may be awarded
attorneys’ fees and costs. See 42 U.S.C. § 300aa–15(e)(1). Here, counsel for
petitioner gathered and filed medical records, attempted to obtain an expert report,
and moved for a decision on the record when she was unable to retain an expert to
opine on her case. Thus, because petitioner’s counsel acted in good faith and
because there was a reasonable basis for proceeding, petitioner is eligible for an
award of attorneys’ fees and costs. Respondent does not contend that petitioner
failed to satisfy these criteria.
Ms. Koss seeks a total of$9,893.35 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, Ms. Koss states
that she incurred $530.16 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $9,893.35, in the form of a check made payable to
petitioner and petitioner’s attorney, Sean F. Greenwood, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $530.16, payable to petitioner, Noteel Koss, for costs
she incurred in pursuit of her petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
2

Case 1:13-vv-00240-UNJ Document 48 Filed 02/12/15 Page 3 of 3
Special Master
3