VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00922
Package ID: USCOURTS-cofc-1_13-vv-00922
Petitioner: Charles W. Brown, in his capacity as Administrator of the Estate of Kathryn C. Brown, deceased
Filed: 2013-11-22
Decided: 2015-03-30
Vaccine: varicella
Vaccination date: 2012-01-16
Condition: multi-system failure and death
Outcome: compensated
Award amount USD: 400000

AI-assisted case summary:
Charles W. Brown, in his capacity as Administrator of the Estate of Kathryn C. Brown, deceased, filed a petition on November 22, 2013, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that a varicella vaccination administered on January 16, 2012, caused Kathryn C. Brown to suffer multi-system failure and death due to disseminated varicella zoster virus. The respondent, the Secretary of Health and Human Services, filed a Vaccine Rule 4(c) Report conceding that the vaccination caused Kathryn's disseminated varicella zoster virus and her death. The parties submitted a proffer on June 17, 2014, agreeing to an award of $400,000.00. This amount represented all elements of compensation available under the Vaccine Act, including $150,000.00 for pain and suffering and a $250,000.00 death benefit. Special Master Lisa Hamilton-Fieldman adopted the proffer and awarded the compensation. Judgment was entered on July 21, 2014. Subsequently, on March 6, 2015, Petitioner filed a Rule 13 Request for Attorneys' Fees and Costs, along with a Stipulation of Facts Concerning Final Attorneys' Fees and Costs. The parties stipulated to an award of $7,640.00 in attorneys' fees and costs. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis and awarded the stipulated amount, payable jointly to Petitioner and Petitioner's counsel, Andrew Wallace Hutton of the Hutton & Hutton Law Firm, L.L.C. The clerk of the court was directed to enter judgment in accordance with the terms of the parties' stipulation.

Theory of causation field:
Petitioner Charles W. Brown, as Administrator of the Estate of Kathryn C. Brown, alleged that a January 16, 2012, varicella vaccination caused disseminated varicella zoster virus and death. Respondent conceded causation-in-fact, agreeing that the vaccination caused Kathryn's disseminated varicella zoster virus and death. The case proceeded on an off-Table theory. The parties stipulated to an award of $400,000.00, comprising $150,000.00 for pain and suffering and a $250,000.00 death benefit. Special Master Lisa Hamilton-Fieldman issued a decision awarding damages based on this proffer on June 17, 2014. Subsequently, on March 9, 2015, Special Master Hamilton-Fieldman issued a decision awarding $7,640.00 in attorneys' fees and costs, stipulated to by the parties. Petitioner's counsel was Andrew W. Hutton of Hutton & Hutton Law Firm, L.L.C., and respondent's counsel was Lindsay Corliss of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00922-0
Date issued/filed: 2014-07-08
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 06/17/2014) regarding 14 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00922-UNJ Document 15 Filed 07/08/14 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-922V
(E-Filed: June 17, 2014)
* * * * * * * * * * * * * * *
CHARLES W. BROWN, in his capacity as * UNPUBLISHED
administrator of the Estate of KATHRYN *
C. BROWN, deceased, *
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Varicella Vaccination;
SECRETARY OF HEALTH AND * Varicella Zoster Virus, Death;
HUMAN SERVICES, * Decision; Proffer.
*
Respondent. * .
* * * * * * * * * * * * * * *
Andrew W. Hutton, Hutton & Hutton, Wichita, KS, for Petitioner.
Lindsay Corliss, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 22, 2013, Petitioner, Charles W. Brown, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”). Petitioner, as administrator of the Estate of Kathryn C. Brown, alleged that
the administration of a varicella vaccination administered on January 16, 2012, caused
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends 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)). 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.” Otherwise, “the entire”
decision will be available to the public. Id.
1

Case 1:13-vv-00922-UNJ Document 15 Filed 07/08/14 Page 2 of 6
Kathryn C. Brown to suffer death.2
The parties agreed and submitted in a proffer, filed on June 17, 2014, that based on
the evidence of record, Petitioner should be awarded $400,000.00. This amount
represents all elements of compensation to which Petitioner would be entitled under 42
U.S.C. §300aa-15(a)(1); 15(a)(3)(B); and 15(a)(4).
The undersigned finds said proffer reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
The proffer awards:
A lump sum total of $400,000.00, in the form of a check payable to
Petitioner, Charles W. Brown, or to the party authorized by a court of
competent jurisdiction to serve as legal representative of the estate of
Kathryn C. Brown at the time a payment pursuant to this Proffer is to be
made. This amount represents all damages available under 42 U.S.C.
§300aa-15(a) to which Petitioner would be entitled.
Proffer Section II, III.
The undersigned approves the requested amounts for Petitioner’s compensation.
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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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 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-00922-UNJ Document 15 Filed 07/08/14 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
CHARLES W. BROWN, in his capacity )
as Administrator of the Estate of )
KATHRYN C. BROWN, deceased, )
)
Petitioner, ) No. 13-922V ECF
)
v. ) Special Master Hamilton-Fieldman
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 22, 2013, in his capacity as the administrator of Kathryn Brown’s estate,
Charles W. Brown (“petitioner”) filed a petition for compensation under the National Childhood
Vaccine Injury Act of 1986, as amended, 42 U.S.C. § 300aa-1 et seq. (“Vaccine Act”). He
alleges that Kathryn C. Brown’s January 16, 2012, varicella vaccination resulted in disseminated
varicella zoster virus and ultimately caused her death. See Petition (“Pet.”) at 2. Petitioner
alleges a theory based on causation-in-fact. The Secretary of Health and Human Services
(“respondent”) filed a Vaccine Rule 4(c) Report, conceding that Kathryn’s varicella vaccination
caused her disseminated varicella zoster virus and her death. Respondent hereby submits the
following proffer regarding the award of compensation. This proffer does not address final
attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’
fees and litigation costs, to be determined at a later date upon petitioner submitting substantiating
documentation.

Case 1:13-vv-00922-UNJ Document 15 Filed 07/08/14 Page 4 of 6
I. Items of Compensation
A. Future Medical Care Expenses
As this is a death case, petitioner is not entitled to an award for projected unreimbursable
medical care expenses incurred from the date of judgment as provided under the Vaccine Act,
42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Future Earnings
Based upon the evidence of record, respondent proffers that petitioner, as Legal
Representative of the Estate of Kathryn C. Brown, is not entitled to an award for lost future
earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(B). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner, as Legal Representative of the Estate of Kathryn C.
Brown, should be awarded $150,000.00 for Kathryn’s actual pain and suffering as provided
under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
D. Past Unreimburseable Expenses
Based upon the evidence of record, respondent proffers that petitioner, as Legal
Representative of the Estate of Kathryn C. Brown, is not entitled to an award of past
unreimbursable expenses stemming from Kathryn’s vaccine-related injury, as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
E. Death Benefit
Respondent proffers that petitioner, as Legal Representative of the Estate of Kathryn C.
Brown, is entitled to the $250,000.00 death benefit pursuant to 42 U.S.C. § 300aa-15(a)(2).
Petitioner agrees.
2

Case 1:13-vv-00922-UNJ Document 15 Filed 07/08/14 Page 5 of 6
F. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to Kathryn’s
vaccine-related injury or death.
II. Form of the Award
The parties recommend that the compensation provided to Charles W. Brown, as Legal
Representative of the Estate of Kathryn C. Brown, should be made through lump sum payments
and request that the special master’s decision and the Court’s judgment award the following:
A. A lump sum payment of $250,000.00, representing compensation for Kathryn’s
death, pursuant to 42 U.S.C. § 300aa-15(a)(2), made payable to Charles W. Brown, as Legal
Representative of the Estate of Kathryn C. Brown; and
B. A lump sum payment of $150,000.00, which amount represents compensation for
all other damages available under 42 U.S.C. § 300aa-15(a), payable to Charles W. Brown, as
Legal Representative of the Estate of Kathryn C. Brown.
Petitioner represents that he presently is, or within 90 days of the date of judgment will
become, duly authorized to serve as Legal Representative of Kathryn C. Brown’s estate under
the laws of the State of Kansas. No payments pursuant to this Proffer shall be made until
petitioner provides the Secretary with documentation establishing his appointment as Legal
Representative of Kathryn C. Brown’s estate. If petitioner is not authorized by a court of
competent jurisdiction to serve as Legal Representative of the estate of Kathryn C. Brown at the
time a payment pursuant to this Proffer is to be made, any such payment shall be paid to the
party or parties appointed by a court of competent jurisdiction to serve as Legal
Representative(s) of the estate of Kathryn C. Brown upon submission of written documentation
3

Case 1:13-vv-00922-UNJ Document 15 Filed 07/08/14 Page 6 of 6
of such appointment to the Secretary.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner Charles W. Brown,
as Legal Representative of the Estate of Kathryn C. Brown: $ 250,000.00
B. Lump sum paid to petitioner Charles W. Brown,
as Legal Representative of the Estate of Kathryn C. Brown: $ 150,000.00
TOTAL AWARD: $ 400,000.00
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
/s/ Lindsay Corliss __________________
LINDSAY CORLISS
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-9197
Dated: June 17, 2014 Fax: (202) 616-4310
4

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00922-1
Date issued/filed: 2015-03-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/9/2015) regarding 21 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00922-UNJ Document 23 Filed 03/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-922
Filed: March 9, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * *
CHARLES W. BROWN, in his capacity as * UNPUBLISHED
Administrator of the Estate of *
KATHRYN C. BROWN, deceased, * Special Master Hamilton-Fieldman
*
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable Amount
* Requested to which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Wallace Hutton, Hutton & Hutton Law Firm, L.L.C., Wichita, KS, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On November 22, 2013, Charles W. Brown (“Petitioner”) filed a petition on behalf of Kathryn C.
Brown, deceased, pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-
1 to -34 (2006). Petitioner alleged that Ms. Brown suffered multi-system failure and death as a result of a
varicella vaccination administered to her on January 16, 2012. On June 17, 2014, the undersigned issued
a decision awarding compensation to Petitioner. Judgment was entered on the decision on July 21, 2014.
On March 6, 2015, Petitioner filed two pleadings: a Rule 13 Request for Attorneys’ Fees and
Costs, and a Stipulation of Facts Concerning Final Attorneys’ Fees and Costs. In Petitioner’s Rule 13
1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule
18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, 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-00922-UNJ Document 23 Filed 03/30/15 Page 2 of 2
Request, Petitioner states that Respondent is willing to waive her objection to the timeliness of his request
for attorneys’ fees and costs.3
Pursuant to their Stipulation, the parties have agreed to an award of $7,640.00 in attorneys’ fees
and costs. In accordance with General Order Number 9, Petitioner represents that he has not personally
incurred any expenses in pursuit of his claim.
The undersigned finds 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 appropriate.
Accordingly, the undersigned hereby awards the amount of $7,640.00, in the form of a check made
payable jointly to Petitioner and Petitioner’s counsel, Andrew Wallace Hutton, of the Hutton &
Hutton Law Firm, L.L.C.
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.4
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 13(a), requests for attorneys’ fees and costs are due “no later than 180
days after the entry of judgment.” In the instant case, the deadline for Petitioner’s attorneys’ fees and
costs request was on Tuesday, January 20, 2015.
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