VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00652
Package ID: USCOURTS-cofc-1_13-vv-00652
Petitioner: L.P.
Filed: 2014-07-17
Decided: 2015-07-23
Vaccine: DTaP
Vaccination date: 2010-09-22
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 226195

AI-assisted case summary:
On September 9, 2013, Cortney Leibfried, as parent and guardian for her minor daughter L.P., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that L.P. developed transverse myelitis (TM) as a result of receiving DTaP, Prevnar, and Hepatitis A vaccines on September 22, 2010. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused L.P.'s TM or any resulting sequelae. The parties subsequently entered into a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted as the court's decision. Under this stipulation, L.P. was awarded a lump sum of $175,000.00 for all damages. Additionally, a lump sum payment of $12,182.10 was awarded to reimburse a State of Pennsylvania Medicaid lien, payable jointly to petitioner and the Department of Public Welfare. Later, on June 19, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Dorsey approved a total award of $51,195.82 for attorneys' fees and costs, payable jointly to L.P. and her attorney, Lawrence R. Cohan of Anapol Schwartz. Judgment was entered accordingly. The public decision does not describe the onset of symptoms, specific clinical details of the transverse myelitis, any diagnostic tests performed, or treatments received. The theory of causation was not explicitly stated in the public decision, as the case was resolved through stipulation.

Theory of causation field:
Petitioner L.P., a minor, by her parent Cortney Leibfried, alleged that she developed transverse myelitis (TM) as a result of DTaP, Prevnar, and Hepatitis A vaccines administered on September 22, 2010. The respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted. L.P. received a lump sum award of $175,000.00 for all damages and $12,182.10 for a Medicaid lien reimbursement. A subsequent stipulation for attorneys' fees and costs resulted in an award of $51,195.82, payable jointly to L.P. and her attorney, Lawrence R. Cohan. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence presented, as the case was resolved via stipulation. The theory of causation was not explicitly stated in the public decision.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00652-0
Date issued/filed: 2014-08-07
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/17/2014) regarding 19 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00652-UNJ Document 24 Filed 08/07/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-652V
Filed: July 17, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
L.P., a minor, by her parent, *
CORTNEY LEIBFRIED, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Pneumococcal Conjugate Vaccine
* (“Prevnar”); Hepatitis A Vaccine;
SECRETARY OF HEALTH * Diptheria-Tetanus-Acellular
AND HUMAN SERVICES, * Pertussis Vaccine (“DTaP”);
* Transverse Myelitis (“TM”).
Respondent. *
* * * * * * * * * * * * * * * *
Lawrence Cohan, Anapol Schwartz, Philadelphia, PA, for petitioner.
Lisa Watts, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 9, 2013, Cortney Leibfried (“petitioner”) filed a petition on behalf of her
daughter, L.P., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§
300aa-1 to -34 (2006). Petitioner alleged that L.P. developed transverse myelitis (“TM”) as a
result of DTaP, Prevnar, and Hepatitis A vaccines administered to her on September 22, 2010.
Petition at 1.
On July 17, 2014, the parties filed a stipulation in which they state that a decision should
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-00652-UNJ Document 24 Filed 08/07/14 Page 2 of 8
be entered awarding compensation.
Respondent denies that the Prevnar, Hepatitis A, and/or DTaP vaccines caused L.P.’s TM
or any other injury, and further denies that L.P.’s current disabilities are sequelae of a vaccine-
related injury. 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 $175,000.00, in the form of a check payable to petitioner as guardian/
conservator of L.P.’s estate. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a); and
A lump sum payment of $12,182.10, representing compensation for the
reimbursement of a State of Pennsylvania Medicaid lien on L.P.’s behalf, payable
jointly to petitioner and the Department of Public Welfare, Attn: Karen H.
Peterson, Commonwealth of Pennsylvania, Department of Public Welfare, Bureau
of Program Integrity/ TPL, P.O. Box 8486, Harrisburg, PA 17105-8486. Petitioner
agrees to endorse this check to the Department of Public Welfare.
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

CCaassee 11::1133--vvvv--0000665522--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 0078//1077//1144 PPaaggee 13 ooff 68

CCaassee 11::1133--vvvv--0000665522--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 0078//1077//1144 PPaaggee 24 ooff 68

CCaassee 11::1133--vvvv--0000665522--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 0078//1077//1144 PPaaggee 35 ooff 68

CCaassee 11::1133--vvvv--0000665522--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 0078//1077//1144 PPaaggee 46 ooff 68

CCaassee 11::1133--vvvv--0000665522--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 0078//1077//1144 PPaaggee 57 ooff 68

CCaassee 11::1133--vvvv--0000665522--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 0078//1077//1144 PPaaggee 68 ooff 68

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00652-1
Date issued/filed: 2015-07-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/19/2015) regarding 32 DECISION Fees Stipulation/Proffer. Signed by Special Master Nora Beth Dorsey. (fs) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00652-UNJ Document 36 Filed 07/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 19, 2015
* * * * * * * * * * * * * * UNPUBLISHED
L.P., a minor, by her parent, * No. 13-652v
CORTNEY LEIBFRIED, *
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Schwartz, Philadelphia, PA, for petitioner.
Lisa Ann Watts, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On September 9, 2013, Cortney Leibfried (“petitioner”) filed a petition on behalf of her
daughter, L.P., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§
300aa-1 to -34 (2006). Petitioner alleged that L.P. developed transverse myelitis (“TM”) as a
result of DTaP, Prevnar, and Hepatitis A vaccines administered to her on September 22, 2010.
Petition at 1. On July 17, 2014, the undersigned entered a decision awarding compensation to
petitioner based on a stipulation filed by the parties.
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-00652-UNJ Document 36 Filed 07/23/15 Page 2 of 2
On June 19, 2015, the parties filed a Stipulation of Facts Concerning Attorney’s Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $51,195.82. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable 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:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Lawrence
R. Cohan of the law firm of Anapol Schwartz, in the amount of $51,195.82.
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