VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00409
Package ID: USCOURTS-cofc-1_13-vv-00409
Petitioner: L.D.
Filed: 2013-06-18
Decided: 2014-02-12
Vaccine: MMR
Vaccination date: 2011-06-06
Condition: death following MMR vaccine
Outcome: compensated
Award amount USD: 12889

AI-assisted case summary:
On June 18, 2013, Dalan and Elizabeth Dahl, as the natural parents of their deceased minor daughter L.D., filed a petition under the National Vaccine Injury Compensation Program. They alleged that L.D. received a measles, mumps, and rubella (MMR) vaccine on June 6, 2011, and subsequently developed symptoms leading to her death on June 18, 2011. Special Master Nora Beth Dorsey presided over the case. On February 12, 2014, a decision was entered awarding compensation to the petitioners based on the respondent's proffer, indicating the government conceded entitlement without a contested hearing. On June 3, 2014, the parties filed a stipulation agreeing to an award of attorneys' fees and costs in the amount of $12,889.00. Petitioners' counsel, Leonard John Mark of Tiffany & Bosco, P.A., represented that the petitioners had personally incurred no reimbursable costs. Special Master Dorsey granted the request for attorneys' fees and costs, ordering that a check for $12,889.00 be issued jointly payable to the petitioners and their counsel. The decision does not describe the specific symptoms L.D. developed, the medical tests performed, or the mechanism of causation.

Theory of causation field:
Petitioners alleged that L.D., a minor, received an MMR vaccine on June 6, 2011, and died on June 18, 2011, twelve days post-vaccination. The case was compensated via respondent's proffer on February 12, 2014, before Special Master Nora Beth Dorsey, without a contested hearing. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings. Attorneys for petitioners were Leonard John Mark and Tiffany & Bosco, P.A., and for respondent was Ryan Daniel Pyles. An award of $12,889.00 for attorneys' fees and costs was stipulated and approved by Special Master Dorsey on June 4, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00409-1
Date issued/filed: 2014-06-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/04/2014) regarding 28 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00409-UNJ Document 29 Filed 06/25/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 4, 2014
* * * * * * * * * * * * * *
DALAN DAHL and ELIZABETH DAHL, * UNPUBLISHED
as the Natural Parents of and on Behalf of *
Their Daughter, L.D., a Minor (deceased), * No. 13-409v
*
Petitioners, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Leonard John Mark, Tiffany & Bosco, P.A., Phoenix, AZ, for petitioners.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On June 18, 2013, Dalan and Elizabeth Dahl (petitioners) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioners alleged that their daughter, L.D., received a measles, mumps and rubella (“MMR”)
vaccine on June 6, 2011, and thereafter developed symptoms that led to her death on June 18,
2011. Petition at 1. On February 12, 2014, the undersigned entered a decision awarding
compensation to petitioners based on respondent’s proffer.
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-00409-UNJ Document 29 Filed 06/25/14 Page 2 of 2
On June 3, 2014, the parties filed a Stipulation of Fact Concerning Final Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to an award to petitioners of
attorneys’ fees and costs in the amount of $12,889.00. In accordance with General Order #9,
petitioners’ counsel represents that petitioners have personally incurred no reimbursable costs in
pursuit of their 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 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:
in the form of a check jointly payable to petitioners and to Mr. Leonard J. Mark of the
law firm of Tiffany & Bosco, P.A., in the amount of $12,889.00.
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.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