VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00030
Package ID: USCOURTS-cofc-1_14-vv-00030
Petitioner: John Monteith
Filed: 2015-01-22
Decided: 2015-03-06
Vaccine: influenza
Vaccination date: 2011-01-14
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 250000

AI-assisted case summary:
John Monteith filed a petition on January 13, 2014, alleging that he suffered from transverse myelitis as a result of an influenza vaccine received on January 14, 2011, and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Mr. Monteith's transverse myelitis or his current condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on January 22, 2015. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr. Monteith was awarded a lump sum of $250,000.00, payable to him, representing compensation for all damages. Subsequently, on February 11, 2015, the parties filed a stipulation for attorneys' fees and costs, which Special Master Dorsey also approved. The total award for attorneys' fees and costs was $29,324.25. This amount was to be paid via two checks: one for $17,819.90 jointly payable to petitioner and Andrew Donald Downing and Hennelly & Steadman, PLC, and another for $11,504.35 jointly payable to petitioner and Andrew D. Downing and Van Cott & Talamante, PLLC. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the medical experts consulted. Judgment was entered in accordance with the terms of the parties' stipulations.

Theory of causation field:
Petitioner John Monteith alleged that he suffered from transverse myelitis as a result of an influenza vaccine received on January 14, 2011, and experienced residual effects for more than six months. Respondent denied that the vaccine caused the alleged injury. The case was resolved via a joint stipulation for damages and attorneys' fees and costs. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner was awarded $250,000.00 in damages and $29,324.25 for attorneys' fees and costs. Special Master Nora Beth Dorsey issued the decision on March 6, 2015, based on the stipulations. Attorneys for petitioner were Andrew Donald Downing of Van Cott & Talamante, PLLC, and Hennelly & Steadman, PLC. Attorney for respondent was Jennifer Reynaud of the United States Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00030-0
Date issued/filed: 2015-02-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/22/2015) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00030-UNJ Document 41 Filed 02/13/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-030V
Filed: January 22, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JOHN MONTEITH, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) vaccine; transverse
AND HUMAN SERVICES, * myelitis.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Jennifer Reynaud, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On January 13, 2014, John Monteith (“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 he suffered from transverse myelitis as a result of an influenza (“flu”)
vaccine that he received on January 14, 2011. See Petition at 1-3. Petitioner further alleged that
he experienced the residual effects of these injuries for more than six months. Id. at 3.
On January 22, 2015, the parties filed a stipulation, stating that a decision should be
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 1:14-vv-00030-UNJ Document 41 Filed 02/13/15 Page 2 of 7
entered awarding compensation.
Respondent denies that petitioner’s alleged transverse myelitis and residual effects were
caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused
petitioner any other injury or his current condition. 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 $250,000.00, in the form of a check payable to petitioner, John
Monteith. This amount represent 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_14-vv-00030-1
Date issued/filed: 2015-03-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/12/2015) regarding 40 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00030-UNJ Document 44 Filed 03/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 12, 2015
* * * * * * * * * * * * * * UNPUBLISHED
JOHN MONTEITH, *
* No. 14-030V
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Jennifer Leigh Reynaud, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On January 13, 2014, John Monteith (“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 he suffered from transverse myelitis as a result of an influenza vaccine
that he received on January 14, 2011. See Petition at 1. On January 22, 2015, the undersigned
entered a decision awarding compensation to petitioner based upon the stipulation of the parties.
On February 11, 2015, the parties filed a Stipulation of Attorneys’ Fees and Costs.
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 1:14-vv-00030-UNJ Document 44 Filed 03/06/15 Page 2 of 2
According to the stipulation, the parties stipulate to a total award to petitioner of attorneys’ fees
and costs in the amount of $29,324.25. In accordance with General Order #9, petitioner’s
counsel states that petitioner did not personally incur any costs in pursuit of his claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:3
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Andrew
Donald Downing and Hennelly & Steadman, PLC, in the amount of $17,819.90, and
(2) in the form of a check jointly payable to petitioner and petitioner’s attorney, Andrew D.
Downing and Van Cott & Talamante, PLLC, in the amount of $11,504.35.
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/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Because petitioner’s counsel changed law firms while this case was pending, the parties requested
that the undersigned and the court’s judgment award attorneys’ fees and costs set forth in the
decision, to reflect work performed by Mr. Downing while at the two law firms. This request is
granted the decision is drafted accordingly.
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