VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00669
Package ID: USCOURTS-cofc-1_13-vv-00669
Petitioner: Desiree Roberts
Filed: 2013-09-11
Decided: 2014-11-07
Vaccine: MMR
Vaccination date: 2010-09-22
Condition: severe anaphylactic responses and chronic cross reactive allergic reactions to non-vaccine related antigenic stimuli
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
On September 11, 2013, Desiree Roberts filed a petition under the National Vaccine Injury Compensation Program, alleging that an MMR vaccine administered on September 22, 2010, caused her to suffer severe anaphylactic responses and chronic cross-reactive allergic reactions to non-vaccine-related antigenic stimuli. The respondent, the Secretary of Health and Human Services, denied that the MMR immunization caused the petitioner's alleged chronic cross-reactive allergies or that she experienced residual effects for more than six months. Despite these denials, both parties filed a joint stipulation on September 8, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $10,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Jeffrey S. Pop of Beverly Hills, California. The respondent was represented by Darryl R. Wishard of the United States Department of Justice. Subsequently, on October 16, 2014, the parties filed a stipulation concerning attorney's fees and costs. The parties agreed to a total award of $22,636.66 for attorney's fees and costs, payable jointly to the petitioner and her attorney, Jeffrey S. Pop. Special Master Dorsey granted this request, approving the payment of attorney's fees and costs. Lindsay Corliss of the U.S. Department of Justice represented the respondent in this matter. The clerk of the court was ordered to enter judgment in accordance with the terms of the parties' stipulations, with judgment being expedited due to the parties renouncing their right to seek review.

Theory of causation field:
Petitioner Desiree Roberts alleged that an MMR vaccine administered on September 22, 2010, caused severe anaphylactic responses and chronic cross-reactive allergic reactions to non-vaccine-related antigenic stimuli. Respondent denied causation and that residual effects lasted more than six months. The parties reached a joint stipulation on September 8, 2014, settling the case. Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $10,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation on October 16, 2014, approved by Special Master Dorsey, awarded $22,636.66 in attorney's fees and costs, payable jointly to petitioner and her counsel, Jeffrey S. Pop. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Darryl R. Wishard and later Lindsay Corliss. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical findings supporting the alleged injuries or the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00669-0
Date issued/filed: 2014-09-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/08/2014) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00669-UNJ Document 28 Filed 09/29/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-669V
Filed: September 8, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
DESIREE ROBERTS, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Measles, Mumps, Rubella (MMR)
* Vaccine; Severe Anaphylactic
SECRETARY OF HEALTH * Reaction; Chronic Cross Reactive
AND HUMAN SERVICES, * Allergic Reaction.
*
Respondent. *
* * * * * * * * * * * * * * * *
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 11, 2013, Desiree Roberts (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleges that she suffered “severe anaphylactic responses and chronic cross reactive
allergic reactions to non-vaccine related antigenic stimuli” that was caused or substantially
aggravated by an MMR vaccine administered to her on September 22, 2010. See Petition at 1-2.
On September 8, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
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-00669-UNJ Document 28 Filed 09/29/14 Page 2 of 7
Respondent denies that the MMR immunization is the cause of petitioner’s alleged
chronic cross-reactive allergies, and denies that petitioner experienced the residual effects of this
injury, or any other vaccine-related injuries, for more than six months. 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 $10,000.00, 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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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00669-1
Date issued/filed: 2014-11-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/16/2014) regarding 30 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00669-UNJ Document 33 Filed 11/07/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 16, 2014
* * * * * * * * * * * * * * UNPUBLISHED
DESIREE ROBERTS, * No. 13-669V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorney’s Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Lindsay Corliss, U.S. Department of Justice, Washington, DC, for respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On September 11, 2013, Desiree Roberts (“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 suffered “severe anaphylactic responses and chronic cross reactive
allergic reactions to non-vaccine related antigenic stimuli” that was caused or substantially
aggravated by an MMR vaccine administered to her on September 22, 2010. See Petition at 1-2.
On September 8, 2014, a decision was entered based on the parties’ stipulation awarding
compensation to petitioner.
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-00669-UNJ Document 33 Filed 11/07/14 Page 2 of 2
On October 16, 2014, the parties filed a Stipulation of Facts Concerning Final Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorney’s fees and costs in the amount of $22,636.66. In accordance with General Order #9,
petitioner’s counsel represents that petitioner did not personally advance any reimbursable costs
in pursuit of his claim.
The Vaccine Act permits an award of reasonable attorney’s fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorney’s 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, Jeffrey S.
Pop, in the amount of $22,636.66.
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