VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00330
Package ID: USCOURTS-cofc-1_13-vv-00330
Petitioner: S.R.C.
Filed: 2013-05-10
Decided: 2015-05-21
Vaccine: varicella
Vaccination date: 2010-05-18
Condition: ataxia
Outcome: compensated
Award amount USD: 58923

AI-assisted case summary:
On May 10, 2013, Michael G. Corcoran filed a petition on behalf of his minor child, S.R.C., alleging that S.R.C. developed ataxia as a result of the varicella vaccine received on May 18, 2010. The petition further alleged that S.R.C.'s vaccine-related injuries persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the varicella vaccine caused S.R.C.'s condition. Despite maintaining their respective positions, both parties agreed to settle the issues and have a decision entered awarding compensation. Special Master Brian H. Corcoran reviewed the file and found the parties' stipulation to be reasonable, adopting its terms as his decision. S.R.C. was awarded a lump sum of $50,000.00, representing compensation for all available damages under the National Vaccine Injury Compensation Program. Separately, on May 27, 2015, the parties filed a stipulation regarding attorney's fees and costs. Petitioner requested reimbursement of attorney's fees and costs in the amount of $8,923.61, which included costs to establish a guardianship. The respondent did not object to this amount. Additionally, petitioner's counsel represented that $1,591.85 in reimbursable costs had been advanced by the petitioner, to which the respondent also did not object. Special Master Brian H. Corcoran approved these amounts as reasonable. An award of $8,923.61 was made payable jointly to Petitioner and Petitioner's counsel, the law firm of White, Getgey & Meyer. An award of $1,591.85 was made payable to Petitioner. These amounts represent all attorney's fees and costs available under the Act. The decision was issued by Special Master Brian H. Corcoran on May 21, 2015, with the attorney's fees and costs decision issued on May 28, 2015. The public decision was filed on July 28, 2015.

Theory of causation field:
Petitioner alleged that the varicella vaccine administered on May 18, 2010, caused S.R.C. to develop ataxia, which persisted for more than six months. The respondent denied causation. The parties reached a joint stipulation to settle the case. Special Master Brian H. Corcoran adopted the stipulation, awarding $50,000.00 for all damages. Attorney's fees and costs totaling $8,923.61, plus advanced costs of $1,591.85, were also awarded by stipulation. The public text does not describe the specific medical mechanism of injury, expert testimony, or detailed clinical facts regarding the onset or progression of the ataxia. The decision was issued by Special Master Brian H. Corcoran on May 21, 2015 (damages) and May 28, 2015 (fees/costs), with the public filing on July 28, 2015. Petitioner's counsel was Nicholas E. Bunch of White, Getgey & Meyer; Respondent's counsel was Ryan D. Pyles of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00330-0
Date issued/filed: 2015-07-28
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/21/2015) Regarding 37 DECISION Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:13-vv-00330-UNJ Document 45 Filed 07/28/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-330V
* * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL G. CORCORAN, *
on behalf of S.R.C., *
* Filed: May 21, 2015
Petitioner, *
*
v. * Decision by Stipulation; Damages;
* Varicella Vaccine; Ataxia
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Nicholas E. Bunch, White, Getgey & Meyer, Cincinnati, OH, for Petitioner.
Ryan D. Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 10, 2013, Michael C. Corcoran filed a petition seeking compensation, on behalf
of his minor child, S.R.C., under the National Vaccine Injury Compensation Program (the
“Vaccine Program”).2 Petitioner alleges that S.R.C. developed ataxia as a result of the varicella
vaccine that she received on May 18, 2010, and that S.R.C.’s vaccine-related injuries lasted more
than six months.
Respondent denies that the varicella vaccine and/or any other vaccine caused S.R.C.’s
ataxia and/or any other injury. Nonetheless both parties, while maintaining their above-stated
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen 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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:13-vv-00330-UNJ Document 45 Filed 07/28/15 Page 2 of 8
positions, agreed in a stipulation (filed May 21, 2015) that the issues before them could be settled,
and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $50,000.00 in the form of a check payable to Petitioner, on behalf of
S.R.C.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk
of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00330-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/28/2015) Regarding 40 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:13-vv-00330-UNJ Document 46 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-330V
* * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL G. CORCORAN, *
on behalf of S.R.C., *
* Filed: May 28, 2015
Petitioner, *
*
v. * Decision by Stipulation; Attorney’s Fees
* and Costs
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Nicholas E. Bunch, White, Getgey & Meyer, Cincinnati, OH, for Petitioner.
Ryan D. Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On May 10, 2013, Michael C. Corcoran filed a petition seeking compensation, on behalf
of his minor child, S.R.C., under the National Vaccine Injury Compensation Program (the
“Vaccine Program”).2 After proceeding in this matter for some time, the parties requested an
opportunity to explore the possibility of resolving this case through informal settlement
negotiations. ECF No. 27. Thereafter, on May 21, 2015, the parties filed a stipulation settling the
case and detailing the amount to be awarded to Petitioner. ECF No. 36. I subsequently issued a
decision finding the parties’ stipulation to be reasonable and granting Petitioner an award as
outlined in the stipulation. Decision Awarding Damages, dated May 21, 2015 (ECF No. 37).
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:13-vv-00330-UNJ Document 46 Filed 07/28/15 Page 2 of 2
On May 27, 2015, the parties filed another stipulation, this time regarding attorney’s fees
and costs. ECF No. 39. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $8,923.61 (which includes the costs to establish a guardianship). Id. This amount
represents a sum to which Respondent does not object. Id. In addition, and in compliance with
General Order No. 9, Petitioner’s counsel represents that Petitioner advanced $1,591.85 for
reimbursable costs in pursuit of his claim, to which Respondent does not object. Id.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
(i) an award of $8,923.61 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, the law firm of White, Getgey & Meyer; and (ii) an award of $1,591.85 should
be made in the form of a check payable to Petitioner. Payment of this amounts represents all
attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2