VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00634
Package ID: USCOURTS-cofc-1_13-vv-00634
Petitioner: Janae Leann Boyd
Filed: 2013-09-03
Decided: 2015-03-12
Vaccine: influenza
Vaccination date: 2013-01-14
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 288025

AI-assisted case summary:
On September 3, 2013, Eric Scott Boyd and Naomi Nicole Boyd, on behalf of their minor child Janae Leann Boyd, filed a petition for compensation. They alleged that the Trivalent influenza vaccine administered to Janae on January 14, 2013, caused her to suffer transverse myelitis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Janae's alleged injuries. The parties subsequently reached a joint stipulation of fact, which Special Master Christian J. Moran adopted as the Court's decision. Under this stipulation, Janae Leann Boyd was awarded a lump sum of $250,000.00 for all damages, payable to her guardians/conservators. On February 11, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioners' counsel, Andrew D. Downing, initially submitted an application for fees and costs, to which the respondent raised objections. Following discussions, petitioners amended their application to request $38,025.87, an amount to which the respondent did not object. Special Master Christian J. Moran awarded this amount for attorneys' fees and litigation costs. The total compensation awarded to Janae Leann Boyd was $288,025.87. The decision on damages was issued on February 5, 2015, and the decision on fees and costs was issued on March 12, 2015. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The attorneys involved were Andrew D. Downing for the petitioners and Jennifer L. Reynaud for the respondent.

Theory of causation field:
Petitioners alleged that the Trivalent influenza vaccine administered on January 14, 2013, to minor Janae Leann Boyd caused her to suffer transverse myelitis, a condition listed in the Vaccine Injury Table, with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation of fact, and the Special Master adopted it. The public text does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation. The case resulted in a compensated outcome based on the stipulation. Damages awarded were $250,000.00 for all damages, plus $38,025.87 for attorneys' fees and costs, totaling $288,025.87. Special Master Christian J. Moran issued the decisions on February 5, 2015 (damages) and March 12, 2015 (fees). Petitioners' counsel was Andrew D. Downing, and respondent's counsel was Jennifer L. Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00634-0
Date issued/filed: 2015-02-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/05/2015) regarding 39 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00634-UNJ Document 47 Filed 02/27/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
ERIC SCOTT BOYD and NAOMI NICOLE, *
BOYD, on behalf of their minor child, * No. 13-634V
JANAE LEANN BOYD, * Special Master Christian J. Moran
*
Petitioners, * Filed: February 5, 2015
*
v. * Stipulation; Trivalent influenza
* (“flu”) vaccine; transverse myelitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Phoenix, AZ, for Petitioners;
Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On February 2, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Eric and Naomi Boyd, on behalf of their daughter,
Janae Leann Boyd, on September 3, 2013. In their petition, the Boyds alleged that
the Trivalent influenza (“flu”) vaccine which Janae received on January 14, 2013,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
caused her to suffer transverse myelitis. Petitioners further allege that Janae
experienced the residual effects of her injuries for more than six months. Petitioners
represent that there has been no prior award or settlement of a civil action for
damages as a result of Janae’s condition.
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-00634-UNJ Document 47 Filed 02/27/15 Page 2 of 8
Respondent denies that the influenza vaccine caused Janae’s alleged injuries,
any other injury or her current condition.
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 $250,000.00 in the form of a check payable to petitioners,
as the Guardians/Conservators of the estate of Janae Leann Boyd, for the
benefit of Janae Leann Boyd. 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 13-634V 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--0000663344--UUNNJJ DDooccuummeenntt 3487 FFiilleedd 0022//0227//1155 PPaaggee 13 ooff 68

CCaassee 11::1133--vvvv--0000663344--UUNNJJ DDooccuummeenntt 3487 FFiilleedd 0022//0227//1155 PPaaggee 24 ooff 68

CCaassee 11::1133--vvvv--0000663344--UUNNJJ DDooccuummeenntt 3487 FFiilleedd 0022//0227//1155 PPaaggee 35 ooff 68

CCaassee 11::1133--vvvv--0000663344--UUNNJJ DDooccuummeenntt 3487 FFiilleedd 0022//0227//1155 PPaaggee 46 ooff 68

CCaassee 11::1133--vvvv--0000663344--UUNNJJ DDooccuummeenntt 3487 FFiilleedd 0022//0227//1155 PPaaggee 57 ooff 68

CCaassee 11::1133--vvvv--0000663344--UUNNJJ DDooccuummeenntt 3487 FFiilleedd 0022//0227//1155 PPaaggee 68 ooff 68

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00634-1
Date issued/filed: 2015-03-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/13/2015) regarding 44 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00634-UNJ Document 48 Filed 03/12/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
ERIC SCOTT BOYD and NAOMI NICOLE,*
BOYD, on behalf of their minor child, * No. 13-634V
JANAE LEANN BOYD, * Special Master Christian J. Moran
*
Petitioners, * Filed: February 13, 2015
*
v. * Attorneys’ fees and costs; award
* in the amount to which
SECRETARY OF HEALTH * respondent does not object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Phoenix, AZ, for Petitioners;
Jennifer L. Reynaud, U. S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On February 11, 2015, petitioners filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioners
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioners’ application, respondent raised objections to
certain items. Based on subsequent discussions, petitioners amended their application
to request $38,025.87, an amount to which respondent does not object. The Court
awards this amount.
On September 3, 2013, Eric and Naomi Boyd filed a petition for compensation
on behalf of their daughter, Janae Leann Boyd, alleging that the Trivalent influenza
(“flu”) vaccine, which Janae received on January 14, 2013, caused her to suffer
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-00634-UNJ Document 48 Filed 03/12/15 Page 2 of 2
transverse myelitis. Petitioners received compensation based upon the parties’
stipulation. Decision, issued Feb. 5, 2015. Because petitioners received
compensation, they are entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioners seek a total of $38,025.87 in attorneys’ fees and costs for their
counsel. Additionally, in compliance with General Order No. 9, petitioners state that
they 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 $38,025.87 in the form of a check made payable to
petitioners and petitioners’ attorney, Andrew D. Downing, 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-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master