VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00310
Package ID: USCOURTS-cofc-1_13-vv-00310
Petitioner: Brian Charles Jensen
Filed: 2013-05-02
Decided: 2014-04-28
Vaccine: Tdap
Vaccination date: 2012-05-17
Condition: Demyelinating Sensorimotor Polyneuropathy
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Brian Charles Jensen filed a petition on May 10, 2013, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on May 17, 2012 caused him to develop demyelinating sensorimotor polyneuropathy and that he experienced the residual effects of this injury for more than six months. Respondent denied that the Tdap vaccine caused petitioner's injury.

Nonetheless, both parties agreed to a joint stipulation filed March 27, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $30,780.00, payable jointly to petitioner and his counsel, Sol P. Ajalat of Ajalat & Ajalat LLP. Petitioner was also reimbursed $2,487.77 for personal out-of-pocket litigation expenses.

Theory of causation field:
Tdap May 17, 2012 → demyelinating sensorimotor polyneuropathy (residual >6 months). Joint stipulation Mar 27, 2014; SM Moran. Comp $150,000. Fees $30,780 + out-of-pocket $2,487.77 (Ajalat, Ajalat & Ajalat LLP, North Hollywood CA). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00310-0
Date issued/filed: 2014-04-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/14/2014) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00310-UNJ Document 33 Filed 04/09/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
BRIAN CHARLES JENSEN, *
* No. 13-310V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 14, 2014
*
SECRETARY OF HEALTH * Stipulation; Tetanus, Diphtheria,
AND HUMAN SERVICES, * acellular-Pertussis (“Tdap”);
* Demyelinating Sensorimotor
Respondent. * Polyneuropathy
* * * * * * * * * * * * * * * * * * * * *
Sol P. Ajalat, Ajalat & Ajalat, LLP, North Hollywood, CA, for Petitioner;
Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 10, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Brian Charles Jensen on May 2, 2013. In his
petition, Mr. Jensen alleged that the Tetanus, Diphtheria, acellular-Pertussis
(“Tdap”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. §100.3(a), and which he received on May 17, 2012, caused his alleged
Demyelinating Sensorimotor Polyneuropathy. Petitioner represents that there has
been no prior award or settlement of a civil action for damages on his behalf as a
result of his condition.
Respondent denies that the Tdap vaccine caused petitioner’s alleged
Demyelinating Sensorimotor Polyneuropathy, or Guillain-Barre Syndrome, or
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-00310-UNJ Document 33 Filed 04/09/14 Page 2 of 7
acute inflammatory demyelinating polyneuropathy, or chronic inflammatory
demyelinating polyneuropathy, any other injury, or his current disabilities.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $150,000.00 in the form of a check payable to petitioner,
Brian Charles Jensen. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-310V according to this decision
and the attached stipulation.2
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
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.

CCaassee 11::1133--vvvv--0000331100--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 0034//1009//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000331100--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 0034//1009//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000331100--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 0034//1009//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000331100--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 0034//1009//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000331100--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 0034//1009//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00310-1
Date issued/filed: 2014-04-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/4/2014) regarding 29 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00310-UNJ Document 34 Filed 04/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
BRIAN CHARLES JENSEN, *
* No. 13-310V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 4, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Sol P. Ajalat, Ajalat & Ajalat, LLP, North Hollywood, CA, for Petitioner;
Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 1, 2014, the parties filed a stipulation of fact concerning final
attorney’s 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 his
application to request a total of $33,267.77, an amount to which respondent does
not object. The Court awards this amount.
On May 2, 2013, Brian Charles Jensen filed a petition for compensation
alleging that the Tetanus, Diphtheria, acellular-Pertussis (“Tdap”) vaccine he
received on May 17, 2012, caused his alleged Demyelinating Sensorimotor
Polyneuropathy. Petitioner received compensation based upon the parties’
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-00310-UNJ Document 34 Filed 04/28/14 Page 2 of 2
stipulation. Decision, filed March 14, 2014. Because petitioner received
compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $30,780.00 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred $2,487.77 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs, or petitioner’s out-of-pocket costs.
After reviewing the request, the Court awards the following:
1. A lump sum of $30,780.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Sol P. Ajalat of the law firm of
Ajalat & Ajalat, LLP, for attorneys’ fees and other litigation costs
available under 42 U.S.C. § 300aa-15(e).
2. A lump sum of $2,487.77 in the form of a check made payable to
petitioner, Brian Jensen for all costs borne by petitioner payable
under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.2
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
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.