VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00265
Package ID: USCOURTS-cofc-1_13-vv-00265
Petitioner: N.L.
Filed: 2014-11-18
Decided: 2014-12-09
Vaccine: MMR
Vaccination date: 2010-04-15
Condition: thrombocytopenic purpura ("ITP") and its related sequelae
Outcome: compensated
Award amount USD: 42500

AI-assisted case summary:
On November 18, 2014, Brittany Lambert and Davey Lambert, on behalf of their minor son N.L., filed a petition for compensation. The petition alleged that various vaccines N.L. received caused him to suffer from immune thrombocytopenic purpura (ITP) and its related sequelae. The public decision does not specify the exact date of vaccination for all vaccines, but notes that N.L. received MMR, Varicella, and Hep A vaccines on April 15, 2010, and Prevnar, DTaP, and Hib vaccines on July 15, 2010. The parties reached a stipulation of fact, and N.L. was compensated for his injury, as noted in a decision filed August 28, 2014. Following this compensation, the petitioners sought attorneys' fees and costs. Initially, the respondent raised objections to certain items in the petitioners' application for fees and costs. After subsequent discussions, the petitioners amended their application to request a total of $42,500.00. This amount included $41,000.00 for attorneys' fees and other litigation costs, payable to petitioners and their attorney, William E. Cochran, Jr., and $1,500.00 for out-of-pocket litigation expenses incurred by petitioners Brittany Lambert and Davy Lambert. The respondent did not object to this revised amount. Special Master Christian J. Moran awarded the agreed-upon amount of $42,500.00 on December 9, 2014. The public decision does not describe the specific clinical story, expert testimony, or the Special Master's reasoning regarding the causation theory for the alleged injury.

Theory of causation field:
The petition filed on November 18, 2014, by Brittany Lambert and Davey Lambert on behalf of minor N.L. alleged that vaccines received on April 15, 2010 (MMR, Varicella, Hep A) and July 15, 2010 (Prevnar, DTaP, Hib) caused N.L. to suffer from immune thrombocytopenic purpura (ITP) and its related sequelae. The parties reached a stipulation of fact, and N.L. was compensated. The specific theory of causation, mechanism, expert testimony, or clinical details supporting the alleged injury are not described in the provided public decision text, which focuses on the award of attorneys' fees and costs. The case resulted in compensation for the petitioner, with a total award of $42,500.00 for attorneys' fees, costs, and out-of-pocket expenses, as agreed upon by the parties and awarded by Special Master Christian J. Moran on December 9, 2014. Petitioners' counsel was William E. Cochran, Jr., and respondent's counsel was Darryl Wishard.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00265-0
Date issued/filed: 2014-12-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/18/2014) regarding 54 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00265-UNJ Document 58 Filed 12/09/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
N.L., by his parents, * No. 13-265V
BRITTANY LAMBERT & DAVEY * Special Master Christian J. Moran
LAMBERT, *
* Filed: November 18, 2014
Petitioners, *
* Attorneys’ fees and costs; award
v. * in the amount to which
* respondent does not object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren et al., Memphis, TN, for Petitioners;
Darryl Wishard, U. S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On November 12, 2014, petitioners filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. Previously,
petitioners informally submitted a draft application for attorneys’ fees and costs to
respondent for review. Upon review of petitioners’ application, respondent raised
objections to certain items. Based on subsequent discussions, petitioners amended
their application to request $ 42,500.00, an amount to which respondent does not
object. The Court awards this amount.
On April 15, 2013, Brittany Lambert and Davy Lambert filed a petition for
compensation, on behalf of their son, N.L., alleging that various vaccines which
N.L. received caused him to suffer thrombocytopenic purpura (“ITP”) and its
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-00265-UNJ Document 58 Filed 12/09/14 Page 2 of 2
related sequelae. 1 Petitioners received compensation based upon the parties’
stipulation. Decision, filed Aug. 28, 2014. Because petitioners received
compensation, they are entitled to an award of attorneys’ fees and costs. 42 U.S.C.
§ 300aa-15(e).
Petitioners seek a total of $41,000.00 in attorneys’ fees and costs for their
counsel. Additionally, in compliance with General Order No. 9, petitioners state
that they incurred $1,500.00 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 $41,000.00 in the form of a check made payable to
petitioners and petitioners’ attorney, William E. Cochran , Jr., for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $1,500.00, payable to petitioners, Brittany Lambert
and Davy Lambert, for costs they incurred in pursuit of their
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
Special Master
1 N.L. received MMR, Varicella, and Hep Avaccines on April 15, 2010, and Prevnar
DTaP, and Hib vaccines on July 15, 2010.
2