VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00813
Package ID: USCOURTS-cofc-1_13-vv-00813
Petitioner: Tracy Fox
Filed: 2014-10-29
Decided: 2014-11-21
Vaccine: influenza
Vaccination date: 2012-09-12
Condition: injuries to her right arm and shoulder
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Tracy Fox filed a petition on October 29, 2014, under the National Vaccine Injury Compensation Program, alleging that she suffered injuries to her right arm and shoulder as a result of receiving an influenza vaccine on September 12, 2012. She further alleged that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Ms. Fox's injuries. Despite this denial, the parties reached a joint stipulation on damages, which was filed on October 27, 2014. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Tracy Fox a lump sum of $85,000.00, payable to her, as compensation for all damages. Additionally, the parties stipulated to an award of attorneys' fees and costs totaling $15,373.47, to be jointly payable to Ms. Fox and her attorney, Lawrence R. Cohan. The decision notes that Ms. Fox represented she did not personally incur costs related to the proceeding. The parties waived their right to seek review, expediting the entry of judgment. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Fox, nor does it detail the specific mechanism of injury or name any medical experts.

Theory of causation field:
Petitioner Tracy Fox alleged that an influenza vaccine administered on September 12, 2012, caused injuries to her right arm and shoulder with residual effects lasting over six months. Respondent denied causation. The parties reached a joint stipulation on damages and attorneys' fees and costs, which Special Master Thomas L. Gowen adopted as the Court's decision. The award included a lump sum of $85,000.00 for all damages and $15,373.47 for attorneys' fees and costs, jointly payable to petitioner and her attorney, Lawrence R. Cohan. The public decision does not specify the theory of causation, the medical mechanism, or name any experts. The outcome was compensated via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00813-0
Date issued/filed: 2014-11-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 20 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00813-UNJ Document 24 Filed 11/21/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-813V
Filed: October 29, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
TRACY FOX, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Right Arm and Shoulder Injuries;
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, Weiss & Smalley, P.C., Philadelphia, PA, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On October 18, 2013, Tracy Fox (“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, 2012, she suffered
injuries to her right arm and shoulder. Stipulation ¶ 2, 4, filed Oct. 27, 2014. Further, petitioner
alleged that she experienced residual effects of her injury for more than six months. Id. at ¶ 4.
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-00813-UNJ Document 24 Filed 11/21/14 Page 2 of 7
On October 27, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s right arm and shoulder injuries. Id. at ¶ 6. 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 also stipulate to an award of attorneys’ fees and costs in the joint stipulation
filed on October 27, 2014. The parties agree to a total award of attorneys’ fees and costs in the
amount of $15,373.47. In accordance with General Order #9, petitioner represents that she did
not personally incur costs related to this proceeding. Id. at ¶ 8(b). The undersigned finds the
stipulation for fees and costs reasonable and adopts it as the decision of the Court.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $85,000.00, in the form of a check payable to petitioner, Tracy Fox.
This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
A lump sum of $15,373.47, in the form of a check jointly payable to petitioner and to
petitioner’s attorney, Lawrence R. Cohan, pursuant to 42 U.S.C. § 300 aa-15(e), for
attorneys’ fees and costs.
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation and
attorneys’ fees and costs. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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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