VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00936
Package ID: USCOURTS-cofc-1_13-vv-00936
Petitioner: Linda G. Kimbell
Filed: 2013-11-26
Decided: 2015-03-19
Vaccine: meningococcal
Vaccination date: 2011-07-19
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 50750

AI-assisted case summary:
Linda G. Kimbell filed a petition on November 26, 2013, alleging that a meningococcal vaccine she received on July 19, 2011, caused her to develop transverse myelitis. She further alleged that she experienced residual effects of this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Kimbell's transverse myelitis or any other injury. Despite the denial, the parties reached a stipulation regarding compensation. Special Master Christian J. Moran adopted this stipulation as the decision of the court. Under the stipulation, Ms. Kimbell was awarded a lump sum of $50,000.00 as compensation for all damages. Subsequently, on February 20, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioner's counsel, Susan Cremer of The Law Offices of Michael Lawson Neff, P.C., had initially submitted an application for fees and costs, to which the respondent had objections. Following discussions, petitioner amended her application. The respondent did not object to the amended request for $26,500.00 in attorneys' fees and other litigation costs, and $750.00 in out-of-pocket litigation expenses incurred by Ms. Kimbell. Special Master Moran approved these amounts, awarding $25,750.00 payable to both petitioner and her attorney, and $750.00 payable to petitioner. The total compensation awarded to Ms. Kimbell, including fees and costs, was $77,250.00. Judgment was entered accordingly.

Theory of causation field:
Petitioner Linda G. Kimbell alleged that the meningococcal vaccine administered on July 19, 2011, caused her to develop transverse myelitis, a condition listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $50,000.00 for all damages. Subsequently, a stipulation for attorneys' fees and costs was filed, with respondent not objecting to petitioner's amended application for $26,500.00 in attorneys' fees and $750.00 in out-of-pocket expenses. The total award, including fees and costs, was $77,250.00. The public decision does not describe the specific medical experts, clinical details of the transverse myelitis, or the precise mechanism of causation beyond its inclusion on the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00936-0
Date issued/filed: 2015-01-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/21/2014) regarding 26 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00936-UNJ Document 29 Filed 01/07/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LINDA G. KIMBELL, * No. 13-936V
*
Petitioner, * Special Master Moran
*
v. * Filed: November 21, 2014
*
SECRETARY OF HEALTH * Stipulation; meningococcal vaccine;
AND HUMAN SERVICES, * transverse myelitis.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Susan Cremer, The Law Offices of Michael Lawson Neff, P.C., Atlanta, GA, for
Petitioner;
Lara Englund, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 13, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Linda Kimbell on November 26, 2013. In her
petition, Ms. Kimbell alleged that the meningococcal vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on July 19, 2011, caused her to develop transverse myelitis. Petitioner
further alleges that she experienced the residual effects of this injury for more than
six months. Petitioner represents that there has been no prior award or settlement
of a civil action for damages as a result of her condition.
Respondent denies that the meningococcal vaccine is the cause of
petitioner’s transverse myelitis or any other injury or her current condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00936-UNJ Document 29 Filed 01/07/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $50,000.00 in the form of a check payable to petitioner,
Linda Kimbell. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-936V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00936-1
Date issued/filed: 2015-03-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/23/2015) regarding 31 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. (Main Document 32 replaced on 3/27/2015 to correct clerical error.) (dls).
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CCaassee 11::1133--vvvv--0000993366--UUNNJJ DDooccuummeenntt 3322 FFiilleedd 0033//1199//1155 PPaaggee 11 ooff 22
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
LINDA G. KIMBELL, * No. 13-936V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: February 23, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Susan Cremer, The Law Offices of Michael Lawson Neff, P.C., Atlanta, GA, for
Petitioner;
Lara Englund, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On February 20, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $26,500.00, an amount to which respondent does not object.
The Court awards this amount.
On November 26, 2013, Linda Kimbell filed a petition for compensation
alleging that the meningococcal vaccine, which she received on July 19, 2011,
caused her to develop transverse myelitis. Petitioner received compensation based
upon the parties’ stipulation. Decision, filed Nov. 21, 2014. Because petitioner
received compensation, she is entitled to an award of attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

CCaassee 11::1133--vvvv--0000993366--UUNNJJ DDooccuummeenntt 3322 FFiilleedd 0033//1199//1155 PPaaggee 22 ooff 22
Petitioner seeks a total of $25,750.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $750.00 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $25,750.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Susan Cremer, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-
15(e).
b. A lump sum of $750.00, payable to petitioner, Linda Kimbell, for
costs she incurred in pursuit of her petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2