VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00666
Package ID: USCOURTS-cofc-1_13-vv-00666
Petitioner: B.C.
Filed: 2014-11-05
Decided: 2015-07-28
Vaccine: varicella
Vaccination date: 2010-11-30
Condition: Herpes Zoster
Outcome: compensated
Award amount USD: 12500

AI-assisted case summary:
On November 5, 2014, April Huffman, as mother and natural guardian of B.C., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that B.C. suffered from recurrent episodes of Herpes Zoster (shingles) as a result of receiving the varicella vaccine on November 30, 2010, and that these residual effects lasted for more than six months. The respondent denied that the vaccine caused the shingles or any other injury. However, both parties agreed to settle the case through a stipulation filed on October 31, 2014. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the court's decision. The stipulation awarded $12,500.00 to purchase an annuity contract, representing compensation for all damages available under the Act. Subsequently, on March 30, 2015, the parties filed another stipulation regarding attorney's fees and costs, requesting $30,500.00. Special Master Corcoran approved this amount as reasonable. The final decision, dated July 28, 2015, awarded the attorney's fees and costs, directing the clerk to enter judgment in accordance with the stipulation. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Debra Begley of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that B.C. suffered from recurrent episodes of Herpes Zoster (shingles) as a result of receiving the varicella vaccine on November 30, 2010, with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via stipulation filed October 31, 2014, agreeing to an award for Petitioner. The stipulation awarded $12,500.00 to purchase an annuity contract for all damages. A subsequent stipulation on March 30, 2015, requested $30,500.00 for attorney's fees and costs, which was also approved. Special Master Brian H. Corcoran issued decisions adopting the stipulations on December 2, 2014, and July 28, 2015. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Debra Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00666-0
Date issued/filed: 2014-12-02
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 11/5/2014) regarding 25 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:13-vv-00666-UNJ Document 26 Filed 12/02/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-666V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
APRIL HUFFMAN, * Filed: November 5, 2014
as mother and natural guardian of B.C., *
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Varicella Vaccine; Herpes Zoster
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Debra Begley, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On September 11, 2013, April Huffman, as mother and natural guardian of B.C. (a minor
child), filed a petition seeking compensation under the National Vaccine Injury Compensation
Program.2 Petitioner alleges that as a result of receiving the varicella vaccine on November 30,
2010, B.C. suffered from recurrent episodes of Herpes Zoster (also known as shingles), and that
B.C. experienced residual effects of this injury for more than six months.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:13-vv-00666-UNJ Document 26 Filed 12/02/14 Page 2 of 9
Respondent denies that the shingles vaccine caused B.C.’s shingles or any other injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed October 31, 2014) that the issues before them can be settled and that a decision should be
entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding
damages on the terms set forth therein.
The stipulation awards:
 An amount of $12,500.00 to purchase the annuity contract (as described in ¶ 10
of the attached stipulation), paid to the life insurance company from which the
annuity will be purchased.
Stipulation ¶¶ 8-10. This amount represents compensation for all damages that would be
available under 42 U.S.C. ' 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

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Case 1:13-vv-00666-UNJ Document 26 Filed 12/02/14 Page 9 of 9

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00666-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/31/2015) Regarding 30 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:13-vv-00666-UNJ Document 32 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-666V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
APRIL HUFFMAN, as mother and natural * Filed: March 31, 2015
guardian of B.C., *
*
Petitioner, *
*
v. * Decision; Attorney’s
* Fees & Costs
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for Petitioner.
Debra Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On September 11, 2013, April Huffman, as mother and natural guardian of B.C., filed a
petition seeking compensation under the National Vaccine Injury Compensation Program.2
Thereafter, on October 31, 2014, the parties filed a stipulation settling the case and detailing the
amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation
to be reasonable and granting Petitioner an award as outlined in the stipulation.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:13-vv-00666-UNJ Document 32 Filed 07/28/15 Page 2 of 2
On March 30, 2015, the parties filed another stipulation, this time regarding attorney’s fees
and costs. Petitioner requests reimbursement of attorney’s fees and costs in the amount of
$30,500.00. This amount represents a sum to which Respondent does not object. In addition, and
in compliance with General Order No. 9, Petitioner’s counsel asserts that Petitioner has not
personally incurred litigation costs in conjunction with this proceeding on the Petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $30,500.00 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Jeffery S. Pop, and Jeffery S. Pop and Associates. Payment of this amount
represents all attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2