VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00325
Package ID: USCOURTS-cofc-1_13-vv-00325
Petitioner: C.M.P.
Filed: 2013-05-08
Decided: 2014-09-30
Vaccine: varicella
Vaccination date: 2010-07-16
Condition: Idiopathic Thrombocytopenic Purpura (ITP)
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
Michael and Kimberly Prater, on behalf of their minor son C.M.P., filed a petition on May 8, 2013, alleging that C.M.P. developed chronic Idiopathic Thrombocytopenic Purpura (ITP) as a result of a varicella vaccine administered on July 16, 2010. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused C.M.P.'s ITP or any other injury. Despite the denial, the parties filed a joint stipulation for damages, agreeing to an award of compensation. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum of $10,000.00, payable to the petitioners as legal representatives of C.M.P., as compensation for all damages. Subsequently, on August 26, 2014, the parties filed a stipulation concerning attorneys' fees and costs. They agreed to a total award of $11,046.26, which included $10,885.26 for attorney's fees and $161.00 for costs incurred by the petitioners. Special Master Gowen granted this request, approving the payment of attorneys' fees and costs. The award was to be made in two checks: one for $10,885.26 jointly payable to the petitioners and their attorney, David P. Murphy, and another for $161.00 payable to the petitioners only. The final decision date for the damages award was September 30, 2014, and judgment was to be entered in accordance with the terms of the parties' stipulations.

Theory of causation field:
Petitioners alleged that C.M.P. developed chronic Idiopathic Thrombocytopenic Purpura (ITP) as a result of a varicella vaccine administered on July 16, 2010. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $10,000.00. They also stipulated to attorneys' fees and costs totaling $11,046.26 ($10,885.26 for attorney's fees and $161.00 for costs). Special Master Thomas L. Gowen approved the stipulations. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the ITP. The outcome was a compensated award based on stipulation. Decision dates were July 21, 2014 (damages stipulation) and September 30, 2014 (fees stipulation). Petitioners' counsel was David Porter Murphy, and respondent's counsel was Michael Milmoe.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00325-0
Date issued/filed: 2014-08-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/21/2014) regarding 41 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00325-UNJ Document 45 Filed 08/18/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-325V
Filed: July 21, 2014
* * * * * * * * * * * * * * * *
MICHAEL PRATER and * UNPUBLISHED
KIMBERLY PRATER, parents of *
minor child, C.M.P., * Special Master Gowen
*
Petitioner, *
* Joint Stipulation on Damages;
v. * Varicella Vaccine; Idiopathic
* Thrombocytopenic Purpura (“ITP”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
David Porter Murphy, Greenfield, IN, for petitioners.
Michael Milmoe, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On May 8, 2013, Michael and Kimberly Prater (“petitioners”) filed a petition on behalf of
their minor son, C.M.P., pursuant to the National Vaccine Injury Compensation Program.2 42
U.S.C. §§ 300aa-1 to -34 (2006). Petitioners allege that C.M.P. developed chronic Idiopathic
Thrombocytopenic Purpura (“ITP”) as a result of a varicella vaccine administered to him on July
16, 2010. Petition at 1.
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-00325-UNJ Document 45 Filed 08/18/14 Page 2 of 7
On July 18, 2014, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation.
Respondent denies that the varicella vaccine caused C.M.P.’s ITP or any other injury, and
further denies that C.M.P.’s disabilities are sequelae of a vaccine-related 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 petitioners shall receive the following compensation:
A lump sum of $10,000.00, in the form of a check payable to petitioners as legal
representatives of C.M.P. This amount represents 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 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/ Thomas L. Gowen
Thomas L. Gowen
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

CCaassee 11::1133--vvvv--0000332255--UUNNJJ DDooccuummeenntt 4405 FFiilleedd 0078//1188//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000332255--UUNNJJ DDooccuummeenntt 4405 FFiilleedd 0078//1188//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000332255--UUNNJJ DDooccuummeenntt 4405 FFiilleedd 0078//1188//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000332255--UUNNJJ DDooccuummeenntt 4405 FFiilleedd 0078//1188//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000332255--UUNNJJ DDooccuummeenntt 4405 FFiilleedd 0078//1188//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00325-1
Date issued/filed: 2014-09-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/08/2014) regarding 49 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00325-UNJ Document 53 Filed 09/30/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-325V
Filed: September 8, 2014
* * * * * * * * * * * * * * * *
MICHAEL PRATER and * UNPUBLISHED
KIMBERLY PRATER, parents of *
minor child, C.M.P., * Special Master Gowen
*
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
David Porter Murphy, Greenfield, IN, for petitioners.
Michael Milmoe, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On May 8, 2013, Michael and Kimberly Prater (“petitioners”) filed a petition on behalf of
their minor son, C.M.P., pursuant to the National Vaccine Injury Compensation Program.2 42
U.S.C. §§ 300aa-1 to -34 (2006). Petitioners allege that C.M.P. developed chronic Idiopathic
Thrombocytopenic Purpura (“ITP”) as a result of a varicella vaccine administered to him on July
16, 2010. Petition at 1. On July 21, 2014, a decision was entered awarding compensation based
on the parties’ stipulation.
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-00325-UNJ Document 53 Filed 09/30/14 Page 2 of 2
On August 26, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to a total award to petitioners of
attorneys’ fees and costs in the amount of $11,046.26. In accordance with General Order #9,
petitioners’ counsel filed a statement on September 8, 2014 representing that petitioners
personally incurred fees related to the prosecution of this case in the amount of $161.00. See
Petitioner’s General Order Number 9 Statement, dated Sept. 8, 2014, at 1. The parties stipulate
that the total award of $11,046.26 includes petitioners’ costs in the amount of $161.00, and
petitioner’s attorney’s fees in the amount of $10,885.26. See J. Status Rep., filed Sept. 8, 2014.
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:
(1) in the form of a check jointly payable to petitioners and to petitioner’s attorney,
David P. Murphy, of David P. Murphy, P.C., in the amount of $10,885.26, and
(2) in the form of a check payable to petitioners only in the amount of $161.00.
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.
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
2