VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00667
Package ID: USCOURTS-cofc-1_13-vv-00667
Petitioner: Matthew Kaplan
Filed: 2015-02-25
Decided: 2015-04-01
Vaccine: influenza
Vaccination date: 2010-09-12
Condition: chronic fatigue syndrome and fibromyalgia
Outcome: compensated
Award amount USD: 5000

AI-assisted case summary:
Matthew Kaplan filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered from chronic fatigue syndrome (CFS) and fibromyalgia as a result of receiving an influenza vaccine on September 12, 2010. He also received Hepatitis A and meningococcal vaccines on the same day. The parties, Matthew Kaplan and the Secretary of Health and Human Services, filed a joint stipulation agreeing to settle the case. The respondent denied that the vaccines caused Mr. Kaplan's conditions but agreed to a settlement. The court adopted the stipulation, awarding Mr. Kaplan $5,000.00 in compensation for all damages. Subsequently, the parties filed a stipulation for attorneys' fees and costs. The court awarded $11,739.05 for attorneys' fees and costs, payable jointly to Mr. Kaplan and his attorney, and $1,099.79 for personal litigation costs incurred by Mr. Kaplan's mother, payable jointly to Mr. Kaplan and his mother. The total compensation awarded was $6,099.79, with the majority of the award covering legal fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00667-0
Date issued/filed: 2015-02-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/04/2015) regarding 32 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00667-UNJ Document 33 Filed 02/25/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-667V
Filed: February 4, 2015
UNPUBLISHED
* * * * * * * * * * * * *
MATTHEW KAPLAN, *
*
Petitioner, * Stipulation; Damages;
* Flu; Hepatitis A; Meningococcal;
v. * Chronic Fatigue Syndrome;
* Fibromyalgia
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Jeffrey Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Ann Martin, U.S. Dep’t. of Justice, Washington, DC, for respondent.
1
DECISION ON JOINT STIPULATION
Gowen, Special Master:
On September 11, 2013, Matthew Kaplan (“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 as a result of receiving an influenza (“flu”) vaccine on September 12,
2010,3 he suffered from chronic fatigue syndrome [CFS] and fibromyalgia. Stipulation ¶ 2, 4,
filed Feb. 4, 2015. Further, petitioner alleged that he experienced residual effects of this injury
for more than six months. Id. at ¶ 4.
On February 4, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine, or any
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.
3 Petitioner also received a Hepatitis A and meningococcal vaccine on September 12, 2010. Stip. at ¶ 2.
1

Case 1:13-vv-00667-UNJ Document 33 Filed 02/25/15 Page 2 of 7
other vaccine, caused petitioner to suffer from CFS, fibromyalgia, or any other injury or his
current condition. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached
hereto. 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) A lump sum of $5,000.00 in the form of a check payable to petitioner,
Matthew Kaplan. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.4
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
4
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

Case 1:13-vv-00667-UNJ Document 33 Filed 02/25/15 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MATTHEW KAPLAN, )
)
Petitioner, )
) No. 13-667V
v. ) Special Master Gowen
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine Program”). The petition
seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received influenza, Hepatitis A, and meningococcal immunizations on
September 12, 2010.
3. The vaccines were administered within the United States.
4. Petitioner alleges that he suffers from chronic fatigue syndrome (“CFS”) and
fibromyalgia as a result of receiving the influenza vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
6. Respondent denies that the influenza immunization, or any other immunization,
caused petitioner to suffer from CFS, fibromyalgia, or any other injury or his current condition.

Case 1:13-vv-00667-UNJ Document 33 Filed 02/25/15 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue a
lump sum payment of $5,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amount awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
2

Case 1:13-vv-00667-UNJ Document 33 Filed 02/25/15 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees, litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of
42 U.S.C. §§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination, the Hepatitis A vaccination,
and/or the meningococcal vaccination administered on September 12, 2010, as alleged by
petitioner in a petition for vaccine compensation filed on or about September 11, 2013, in the
United States Court of Federal Claims as petition No. 13-667V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
3

Case 1:13-vv-00667-UNJ Document 33 Filed 02/25/15 Page 6 of 7
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine, Hepatitis A vaccine, and/or
the meningococcal vaccine caused petitioner’s CFS, fibromyalgia, or any other injury or his
current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
/
/
/
/
/
4

Case 1:13-vv-00667-UNJ Document 33 Filed 02/25/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00667-1
Date issued/filed: 2015-04-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/11/2015) regarding 38 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00667-UNJ Document 39 Filed 04/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-667V
Filed: March 11, 2015
UNPUBLISHED
* * * * * * * * * * * * *
MATTHEW KAPLAN, *
*
Petitioner, * Stipulation; Attorneys’ Fees & Costs
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Jeffrey Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Ann Martin, U.S. Dep’t. of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued a
decision adopting the parties’ stipulation on February 4, 2015. On March 11, 2015, the parties
filed a Stipulation of Fact concerning attorneys’ fees and costs. Additionally, pursuant to
General Order #9, petitioner’s counsel asserted that petitioner’s mother incurred $1099.79 in
litigation costs on behalf of petitioner in this matter. Id. at para. 3.
The parties’ stipulation indicates that respondent does not object to the amended
amount of $11,739.05 in attorneys’ fees and costs and petitioner’s costs of $1099.79 that
petitioner is requesting for attorneys’ fees and costs.
I find that this petition was brought in good faith and that there existed a reasonable
basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42
U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post
this decision on the United States Court of Federal Claims' website, 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)).
In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree
that the identified material fits within this definition, I will delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006).
1

Case 1:13-vv-00667-UNJ Document 39 Filed 04/01/15 Page 2 of 2
appropriate. Accordingly, I hereby award the total $12,838.843 as follows:
 A lump sum of $11,739.05 in the form of a check payable jointly to petitioner
and petitioner’s counsel of record, Jeffrey S. Pop, for petitioner’s attorneys’
fees and costs; and
 A lump sum of $1099.79 in the form of a check jointly payable to petitioner,
Matthew Kaplan and his mother, Lisa Vernon, for personal litigation costs.
Petitioner agrees to endorse the check for $1099.79 to Lisa Vernon for costs
she incurred in proceeding with this petition.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3
This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs)
that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed.
Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See
Vaccine Rule 11(a).
2