VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00114
Package ID: USCOURTS-cofc-1_14-vv-00114
Petitioner: Carolyn Mertz
Filed: 2015-02-19
Decided: 2015-06-24
Vaccine: Tdap
Vaccination date: 2011-02-08
Condition: optic neuritis
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Carolyn Mertz filed a petition on February 7, 2014, alleging that she suffered from optic neuritis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on February 8, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. The parties, represented by counsel Jeffrey S. Pop for the petitioner and Ryan D. Pyles for the respondent, reached a joint stipulation for damages. On February 18, 2015, they filed a stipulation agreeing to an award of compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Carolyn Mertz a lump sum of $65,000.00 for all damages. Subsequently, on June 3, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The Special Master awarded $36,330.13 in attorneys' fees and costs, payable jointly to Carolyn Mertz and her counsel, Jeffrey S. Pop. The case was resolved by stipulation, and judgment was entered accordingly.

Theory of causation field:
Petitioner Carolyn Mertz alleged that a Tdap vaccine administered on February 8, 2011, caused her optic neuritis. Respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees and costs. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Petitioner $65,000.00 for all damages and $36,330.13 for attorneys' fees and costs, payable jointly to Petitioner and her counsel, Jeffrey S. Pop. The public decision does not describe the specific theory of causation, medical experts, or clinical details of the alleged injury or its mechanism.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00114-0
Date issued/filed: 2015-03-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/19/2015) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00114-UNJ Document 27 Filed 03/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-114V
Filed: February 19, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
CAROLYN MERTZ, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diphtheria-Acellular
* Pertussis (“Tdap”) Vaccine; Optic
SECRETARY OF HEALTH * Neuritis.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for Petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On February 7, 2014, Carolyn Mertz (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleges that she suffered from optic neuritis as a result of a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine administered to her on February 8, 2011.
On February 18, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
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-00114-UNJ Document 27 Filed 03/13/15 Page 2 of 2
Respondent denies that the Tdap vaccine caused Petitioner’s optic neuritis and/or any
other injury. 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 stipulate that Petitioner shall receive the following compensation:
A lump sum of $65,000.00, in the form of a check payable to Petitioner. This
amount represents 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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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-00114-1
Date issued/filed: 2015-06-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/3/2015) regarding 30 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00114-UNJ Document 33 Filed 06/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-114V
Filed: June 3, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
CAROLYN MERTZ, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for Petitioner.
Ryan Pyles, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 7, 2014, Carolyn Mertz (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of a tetanus-diphtheria-accellular
pertussis (“DTap”) vaccine on February 8, 2011 caused her to suffer from optic neuritis. On
February 19, 2015, the undersigned issued a decision awarding compensation.
On June 3, 2015, Respondent filed a Stipulation of Facts Concerning Final Attorneys’
Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $36,330.13
in attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents
that she has not incurred any costs 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 $36,330.13, in the
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.
1

Case 1:14-vv-00114-UNJ Document 33 Filed 06/24/15 Page 2 of 2
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Jeffrey S. Pop,
Esq.
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.2
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 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