VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01001
Package ID: USCOURTS-cofc-1_13-vv-01001
Petitioner: T.B.
Filed: 2013-12-18
Decided: 2015-02-18
Vaccine: DTaP, Hepatitis B, IPV, Pneumococcal Conjugate
Vaccination date: 2012-12-20
Condition: encephalopathy or encephalitis resulting in death
Outcome: compensated
Award amount USD: 57000

AI-assisted case summary:
On December 18, 2013, Christina Moore, as mother and legal representative for her child T.B., filed a petition for compensation. The petition alleged that T.B. received DTaP, Hepatitis B, Inactivated Poliovirus (IPV), and Pneumococcal Conjugate (Prevnar) vaccines on or about December 20, 2012, and that these vaccines caused him to suffer an encephalopathy or encephalitis resulting in death. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused T.B.'s injury or death. The parties subsequently entered into a joint stipulation for compensation. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded a lump sum of $1,300.00, payable jointly to Christina Moore as legal representative of the Estate of T.B. and Optum on behalf of United Healthcare Community Plan, to satisfy the State of Tennessee's Medicaid lien. Additionally, a lump sum of $20,700.00 was awarded, payable to Christina Moore as legal representative of the Estate of T.B., representing compensation for all remaining damages. The total compensation awarded for the injury was $22,000.00. Petitioner was represented by William E. Cochran, Jr. of Black McLaren et al. Respondent was represented by Lindsey Corliss of the United States Department of Justice. Subsequently, on December 9, 2014, petitioner filed a stipulation of fact concerning final attorneys' fees and costs. The petitioner sought $39,425.30 for attorneys' fees and costs, and $3,052.50 in out-of-pocket litigation expenses. The respondent did not object to these amounts. Special Master Christian J. Moran awarded a lump sum of $36,372.80, payable to petitioner and her attorney, William E. Cochran, Jr., for attorneys' fees and costs. A separate lump sum of $3,052.50 was awarded, payable to Christina Moore, for her incurred out-of-pocket expenses. The total award, including attorneys' fees and costs, amounted to $57,000.00. The case was resolved via stipulation.

Theory of causation field:
Petitioner alleged that the DTaP, Hepatitis B, IPV, and Pneumococcal Conjugate vaccines administered on or about December 20, 2012, caused T.B. to suffer an encephalopathy or encephalitis resulting in death. The vaccines are listed in the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation for compensation. The Special Master adopted the stipulation, awarding $1,300.00 to satisfy a Medicaid lien and $20,700.00 for all remaining damages, totaling $22,000.00. A subsequent stipulation addressed attorneys' fees and costs, resulting in an additional award of $36,372.80 for fees and $3,052.50 for out-of-pocket expenses, bringing the total award to $57,000.00. The public decision does not describe the specific medical condition, onset, symptoms, diagnostic tests, treatments, or expert testimony. The theory of causation is based on the Vaccine Injury Table. Special Master Christian J. Moran issued the decisions. Petitioner was represented by William E. Cochran, Jr. and respondent by Lindsey Corliss. The decision regarding compensation was issued on September 15, 2014, and the decision regarding fees and costs was issued on February 18, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-01001-0
Date issued/filed: 2014-10-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/15/2014) regarding 23 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-01001-UNJ Document 27 Filed 10/16/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
T.B., deceased, by his mother, * No. 13-1001V
CHRISTINA MOORE, * Special Master Christian J. Moran
*
Petitioner, * Filed: September 15, 2014
*
v. * Stipulation; Diphtheria-Tetanus-
* acellular Pertussis (“DTaP”);
SECRETARY OF HEALTH * Hepatitis B; Inactivated Poliovirus
AND HUMAN SERVICES, * (“IPV”); Pneumococcal Conjugate
* (“Prevnar”) vaccines; encephalopathy
Respondent. * or encephalitis; death.
* * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren et al., Memphis, TN., for Petitioner;
Lindsey Corliss, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 11, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Christina Moore on December 18, 2013, on
behalf of her child, T.B. In her petition, Ms. Moore alleges that the Diphtheria-
Tetanus-acellular Pertussis (DTaP”), Hepatitis B, Inactivated Poliovirus (“IPV”)
and Pneumococcal Conjugate (“Prevnar”) vaccines, which are contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which T.B. received
on or about December 20, 2012, caused him to suffer an encephalopathy or
encephalitis resulting in death. Petitioner represents that there has been no prior
award or settlement of a civil action for damages on behalf of the Estate of T.B. as
a result of his alleged injury, resulting in death.
Respondent denies that the vaccines received by T.B. caused any injury or
his death; and denies that T.B.’s death occurred as the result of a vaccine-related
injury.
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-01001-UNJ Document 27 Filed 10/16/14 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. A lump sum payment of $1,300.00, in the form of a check jointly payable
to petitioner as legal representative of the Estate of T.B. and
Optum, on behalf of United Healthcare Community Plan
75 Remittance Drive, Suite 6019
Chicago, IL 60675-6019
Attn: Teisha Orduno
Representing compensation for satisfaction of the state of
Tennessee’s Medicaid lien resulting from payments made to or on
behalf of T.B. Petitioner agrees to endorse the check to Optum, and,
B. A lump sum of $20,700.00 in the form of a check payable to
petitioner as legal representative of the Estate of T.B. This amount
represents compensation for all remaining 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 13-1001V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
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.

CCaassee 11::1133--vvvv--0011000011--UUNNJJ DDooccuummeenntt 2227 FFiilleedd 0190//1116//1144 PPaaggee 13 ooff 57

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5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on behalf of the Estate of T.B. as a result of his alleged injury, resulting in
death.
6. Respondent denies that the vaccines received by T.B. caused any injury or his
death; and denies that T.B.’s death occurred as the result of a vaccine-related injury.
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 the following vaccine compensation payments:
a. A lump sum of $1,300.00 in the form of a check jointly payable to petitioner as
legal representative of the Estate of T.B. and
Optum, on behalf of United Healthcare Community Plan,
75 Remittance Drive, Suite 6019
Chicago, IL 60675-6019
Attn: Teisha Orduno,
Representing compensation for satisfaction of the State of Tennessee’s Medicaid
lien resulting from payments made to or on behalf of T.B. Petitioner agrees to
endorse the check to Optum; and
b. A lump sum of $20,700.00 in the form of a check payable to petitioner as
legal representative of the Estate of T.B. This amount represents compensation
for all remaining 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

CCaassee 11::1133--vvvv--0011000011--UUNNJJ DDooccuummeenntt 2227 FFiilleedd 0190//1116//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0011000011--UUNNJJ DDooccuummeenntt 2227 FFiilleedd 0190//1116//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0011000011--UUNNJJ DDooccuummeenntt 2227 FFiilleedd 0190//1116//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-01001-1
Date issued/filed: 2015-02-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/15/2014) regarding 29 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-01001-UNJ Document 33 Filed 02/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
T.B., deceased, by his mother, * No. 13-1001V
CHRISTINA MOORE, * Special Master Christian J. Moran
*
Petitioner, *
*
v. * Filed: December15, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren et al., Memphis, TN., for Petitioner;
Lindsey Corliss, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 9, 2014, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application to respondent for review requesting
$39,425.30 for attorneys’ fees and costs. Respondent did not object to the total
amount requested. The Court awards this amount.
On December 18, 2013, Christina Moore filed a petition for compensation
on behalf of her child, T.B., alleging that the Diphtheria-Tetanus-acellular
Pertussis (DTaP”), Hepatitis B, Inactivated Poliovirus (“IPV”) and Pneumococcal
Conjugate (“Prevnar”) vaccines, which T.B. received on or about December 20,
2012, caused him to suffer an encephalopathy or encephalitis resulting in death.
Petitioner received compensation based upon the parties’ stipulation. Decision,
issued Sept. 15, 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.

Case 1:13-vv-01001-UNJ Document 33 Filed 02/18/15 Page 2 of 2
Petitioner seeks a total of $36,372.80 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $3,052.50 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 $36,372.80 in the form of a check made payable to
petitioner and petitioner’s attorney, William E. Cochran, Jr, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $3,052.50 in the form of a check made payable to
petitioner, Christina Moore, 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, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2