VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00477
Package ID: USCOURTS-cofc-1_13-vv-00477
Petitioner: John James Bieber
Filed: 2013-07-17
Decided: 2015-01-14
Vaccine: influenza
Vaccination date: 2012-10-09
Condition: progressive multifocal motor neuropathy
Outcome: compensated
Award amount USD: 345000

AI-assisted case summary:
Julie Cochran, as daughter and heir to John James Bieber (deceased), filed a petition on July 17, 2013, alleging that a trivalent influenza (flu) vaccination Mr. Bieber received on or about October 9, 2012 caused him to develop a progressive multifocal motor neuropathy and that his death was a sequela of his vaccine-related injury. Respondent denied that Mr. Bieber's flu vaccination caused his neuropathy or his death.

Nonetheless, both parties agreed to a joint stipulation filed September 17, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Ms. Cochran, as legal representative of the estate of John James Bieber, received a lump sum of $345,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $32,500.00, payable jointly to petitioner and her counsel, Michael G. McLaren of Black McLaren et al. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
DEATH CASE. Flu ~Oct 9, 2012 → progressive multifocal motor neuropathy → death (death as sequela). Petitioner: Julie Cochran (daughter/heir) as legal rep of estate. Joint stipulation Sep 17, 2014; SM Moran. Comp $345,000. Fees $32,500 (McLaren, Black McLaren et al., Memphis TN).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00477-0
Date issued/filed: 2014-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/19/2014) regarding 33 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00477-UNJ Document 37 Filed 10/20/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JULIE COCHRAN, as daughter and * No. 13-477V
heir to JOHN JAMES BIEBER, * Special Master Christian J. Moran
deceased, *
*
Petitioner, * Filed: September 19, 2014
*
v. * Stipulation; Trivalent influenza
* (“flu”) vaccine; progressive
SECRETARY OF HEALTH * multifocal motor neuropathy; death.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren., Black McLaren et al., Memphis, TN, for Petitioner;
Voris E. Johnson, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 17, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Julie Cochran on July 17, 2013, on behalf of
John James Bieber (“Mr. Bieber”). In her petition, Ms. Cochran alleges that the
trivalent influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. §100.3(a), and which Mr. Bieber received on or about
October 9, 2012, caused him to suffer a progressive multifocal motor neuropathy
resulting in death. Petitioner further alleges that Mr. Bieber’s death was the
sequela of his alleged vaccine-related injury. Petitioner represents that there has
been no prior award or settlement of a civil action for damages by Mr. Bieber or on
his behalf as a result of Mr. Bieber’s injury or his death.
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 party has 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-00477-UNJ Document 37 Filed 10/20/14 Page 2 of 7
Respondent denies that Mr. Bieber suffered a progressive multifocal motor
neuropathy or any other injury as the result of his October 9, 2012, flu vaccination.
Respondent further denies that Mr. Bieber’s death was vaccine-related.
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 $345,000.00 in the form of a check payable to petitioner,
Julie Cochran, as legal representative of the estate of John James
Bieber, deceased. 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 13-477V 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--0000447777--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 0190//1270//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000447777--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 0190//1270//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000447777--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 0190//1270//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000447777--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 0190//1270//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000447777--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 0190//1270//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00477-1
Date issued/filed: 2015-01-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 39 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00477-UNJ Document 42 Filed 01/14/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JULIE COCHRAN, as daughter and * No. 13-477V
heir to JOHN JAMES BIEBER, * Special Master Christian J. Moran
deceased, *
*
Petitioner, * Filed: December 19, 2014
*
v. * Attorneys’ fees and costs; award
* in the amount to which
SECRETARY OF HEALTH * respondent does not object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren et al., Memphis, TN, for Petitioner;
Voris E. Johnson, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 9, 2014, respondent filed a stipulation of fact concerning final
attorneys’ 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 her
application to request $32,500.00, an amount to which respondent does not object.
The Court awards this amount.
On July 17, 2013, Julie Cochran filed a petition for compensation, on behalf
of her father, John James Bieber, alleging that the trivalent influenza (“flu”)
vaccine, which Mr. Bieber received on October 9, 2012, caused him to suffer a
progressive multifocal motor neuropathy resulting in death. Petitioner received
compensation based upon the parties’ stipulation. Decision, filed Sept. 19, 2014.
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-00477-UNJ Document 42 Filed 01/14/15 Page 2 of 2
Because petitioner received compensation, she is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $32,500.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $32,500.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Michael G. McLaren, for attorneys’
fees and other litigation costs available 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.
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