VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00488
Package ID: USCOURTS-cofc-1_13-vv-00488
Petitioner: Cynthia K. Williams
Filed: 2013-07-18
Decided: 2015-03-30
Vaccine: Tdap
Vaccination date: 2010-07-21
Condition: neurological sequelae and seizure-like episodes
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Cynthia K. Williams filed a petition on July 18, 2013, alleging that a tetanus toxoid, reduced diphtheria toxoid, and acellular pertussis (TDaP) vaccination she received on July 21, 2010 caused her to develop neurological sequelae and seizure-like episodes and that she experienced the residual effects of these injuries for more than six months. Respondent denied that the TDaP immunization caused any injury to petitioner.

Nonetheless, both parties agreed to a joint stipulation filed December 19, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $21,693.48, payable jointly to petitioner and her counsel, Ramon Rodriguez III of Rawls, McNelis & Mitchell. Petitioner also recovered $5.60 for out-of-pocket litigation expenses she personally incurred.

Theory of causation field:
TDaP Jul 21, 2010 → neurological sequelae and seizure-like episodes (residual >6 months). Joint stipulation Dec 19, 2014; SM Dorsey. Comp $85,000. Fees $21,693.48; OOP $5.60 (Rodriguez III, Rawls McNelis & Mitchell PC, Richmond VA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00488-0
Date issued/filed: 2015-01-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00488-UNJ Document 38 Filed 01/09/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-488
Filed: December 19, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
CYNTHIA K. WILLIAMS, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Tetanus Toxoid, Reduced
AND HUMAN SERVICES, * Diphtheria Toxoid, and Acellular
* Pertussis (TDaP) vaccine;
Respondent. * Neurological injuries.
*
* * * * * * * * * * * * * * * *
Ramon Rodriguez, Rawls, McNelis, and Mitchell, P.C., Richmond, VA, for petitioners.
Gordon Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On July 18, 2013, Cynthia K. Williams (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she developed neurological sequelae and seizure-like episodes as a result
of a tetanus toxoid, reduced diphtheria toxoid, and acellular pertussis (TDaP) vaccination she
received on July 21, 2010. See Petition at 1. Petitioner further alleged that she experienced the
residual effects of these injuries for more than six months. Id. at 5.
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-00488-UNJ Document 38 Filed 01/09/15 Page 2 of 7
On December 19, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that the TDaP immunization is the cause of any injury to petitioner.
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 petitioner shall receive the following compensation:
A lump sum of $85,000.00, in the form of a check payable to petitioner. 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 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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Case 1:13-vv-00488-UNJ Document 38 Filed 01/09/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00488-1
Date issued/filed: 2015-03-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/06/2015) 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-00488-UNJ Document 44 Filed 03/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 13-488V
Filed: March 6, 2015
* * * * * * * * * * * * * *
CYNTHIA K. WILLIAMS, * 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. *
*
* * * * * * * * * * * * *
Ramon Rodrugeuz, III, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for petitioner.
Gordon E.Sheman, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On July 18, 2013, Cynthia K. Williams (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner
alleged that she developed neurological sequelae and seizure-like episodes as a result of a tetanus
toxoid, reduced diphtheria toxoid, and acellular pertussis (“TDaP”) vaccination she received on
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-00488-UNJ Document 44 Filed 03/30/15 Page 2 of 2
July 21, 2010. See Petition at 1. On December 19, 2014, the undersigned entered a decision
awarding compensation to petitioner based on a joint stipulation filed by the parties.
On March 6, 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 $21,693.48.
Stipulation at ¶ 2. In accordance with General Order #9, petitioner represents that she personally
incurred out-of-pocket litigation expenses in the amount of $5.60. Id. at ¶ 3.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300aa-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,
Ramon Rodriguez, III, of the law firm Rawls McNelis & Mitchell, in the amount
of $21,693.48.
2) in the form of a check payable to petitioner only in the amount of $5.60.
These payments represent all attorneys’ fees and costs available under 42 U.S.C. § 300aa-
15(e). Id. at ¶ 5.
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