VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00405
Package ID: USCOURTS-cofc-1_13-vv-00405
Petitioner: A.S.
Filed: 2013-06-17
Decided: 2015-07-31
Vaccine: Varicella
Vaccination date: 2011-04-05
Condition: lipodystrophy
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
On June 17, 2013, Nancy Skow, as the natural mother of A.S., a minor, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.S. suffered from lipodystrophy and other adverse injuries as a result of receiving Varicella and Prevnar vaccines on April 5, 2011, and experienced residual effects for more than six months. Respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged injuries. On March 24, 2015, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Nora Beth Dorsey adopted the stipulation, awarding A.S. a lump sum of $35,000.00, payable to Nancy Skow as guardian/conservator of A.S.'s estate, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on March 25, 2015. Subsequently, on June 29, 2015, the parties filed a stipulation for attorneys' fees and costs. They agreed to a total award of $28,680.07, payable jointly to the petitioner and her attorney, Lawrence R. Cohan of Anapol Schwartz. Special Master Dorsey granted this request on July 31, 2015. Petitioner was represented by Lawrence R. Cohan, and respondent was represented by Julia W. McInerny. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments related to A.S.'s condition.

Theory of causation field:
Petitioner alleged that A.S., a minor, suffered lipodystrophy and other adverse injuries following administration of the Varicella and Prevnar vaccines on April 5, 2011. The petition alleged residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $35,000.00 for all damages. A subsequent stipulation for attorneys' fees and costs totaling $28,680.07 was also agreed upon. Special Master Nora Beth Dorsey adopted both stipulations. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the injury, nor does it describe the specific nature of the lipodystrophy or other adverse injuries.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00405-0
Date issued/filed: 2015-04-16
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/25/2015) regarding 36 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00405-UNJ Document 37 Filed 04/16/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-405V
Filed: March 25, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
A.S., a minor, by her natural mother, *
NANCY SKOW, *
*
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Varicella vaccine; Prevnar vaccine;
AND HUMAN SERVICES, * Lipodystrophy.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et. al., Philadelphia, PA, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On June 17, 2013, Nancy Skow (“petitioner”) filed a petition on behalf of her minor child,
A.S., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to
-34 (2006). Petitioner alleged that as a result of receiving Varicella and Prevnar vaccines on April
5, 2011, A.S. suffered from lipodystrophy and other adverse injuries. Stipulation at ¶¶ 2, 4, 6.
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-00405-UNJ Document 37 Filed 04/16/15 Page 2 of 8
Further, petitioner alleged that A.S. experienced residual effects of these injuries for more than six
months. Id. at ¶ 4.
On March 24, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the Varicella and Prevnar vaccines
caused A.S. to suffer lipodystrophy or any other injury. Id. at ¶ 6. 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $35,000.00, in the form of a check payable to petitioner, Nancy Skow,
as guardian/conservator of A.S.’s estate. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s 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/ Nora Beth Dorsey
Nora Beth Dorsey
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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00405-1
Date issued/filed: 2015-07-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/29/2015) regarding 41 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00405-UNJ Document 45 Filed 07/31/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 13-405V
Filed: June 29, 2015
* * * * * * * * * * * * * *
A.S., a minor, by her natural mother *
NANCY SKOW, * UNPUBLISHED
*
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to which
* Respondent Does not Object.
Respondent. *
*
* * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On June 17, 2013, Nancy Skow (“petitioner”) filed a petition on behalf of her minor child
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). Petitioner alleged that A.S. suffered from lipdystrophy and other adverse injuries as a
result of receiving Varicella and Prevnar vaccinations on April 5, 2011. See Stip. for Award at 1.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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-00405-UNJ Document 45 Filed 07/31/15 Page 2 of 2
On March 25, 2015, the undersigned entered a decision awarding compensation to petitioner based
on a joint stipulation filed by the parties.
On June 29, 2015, the parties filed a stipulation concerning attorneys’ fees and costs. The
parties stipulate to a total award of attorneys’ fees and costs in the amount of $28,680.07. In
accordance with General Order #9, petitioner represents that she did not personally incur any
litigation costs in pursuit of this claim.
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 petitioner’s request and the lack of any objection by
respondent, 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 petitioner and to petitioner’s attorney,
Lawrence R. Cohan, of the law firm Anapol Schwartz, in the amount of
$28,680.07.
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/Nora Beth Dorsey
Nora Beth Dorsey
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