VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00184
Package ID: USCOURTS-cofc-1_14-vv-00184
Petitioner: T.A.S.
Filed: 2014-03-05
Decided: 2015-03-24
Vaccine: influenza
Vaccination date: 2012-10-17
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 160000

AI-assisted case summary:
Thomas and Ashley Saunders, as parents and next friends of T.A.S., a minor, filed a petition on March 5, 2014, under the National Vaccine Injury Compensation Program. They alleged that their child, T.A.S., developed acute disseminated encephalomyelitis (ADEM) as a result of an influenza vaccination received on October 17, 2012, and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused T.A.S.'s injury or its sequelae. However, the parties reached a joint stipulation on damages, agreeing to a lump sum payment of $160,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court, awarding the compensation. Judgment was to be entered accordingly, with the parties waiving their right to seek review. Subsequently, on March 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They agreed to a total award of $26,000.00 for attorneys' fees and costs, with petitioners' counsel stating that the petitioners personally incurred no costs. Special Master Dorsey approved this stipulation, granting the request for attorneys' fees and costs. The award was to be paid as a check jointly payable to the petitioners and their attorney, Bryant L. Lewis of Lewis & Johnson. Judgment was to be entered in accordance with this stipulation. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests performed, treatments received, or the specific mechanism of causation.

Theory of causation field:
Petitioners alleged that T.A.S. developed acute disseminated encephalomyelitis (ADEM) as a result of an influenza vaccine received on October 17, 2012. The respondent denied causation. The case was resolved via joint stipulation, with the parties agreeing to compensation without admitting or denying causation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the ADEM. Petitioners were awarded $160,000.00 for all damages and $26,000.00 for attorneys' fees and costs. Special Master Nora Beth Dorsey issued the decision on December 12, 2014, adopting the stipulation for damages, and a subsequent decision on March 3, 2015, approving the stipulation for fees and costs. Attorneys for petitioners were Bryant L. Lewis of Lewis & Johnson, and for respondent was Glenn MacLeod of the United States Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00184-0
Date issued/filed: 2015-01-07
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/12/2014) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00184-UNJ Document 19 Filed 01/07/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-184
Filed: December 12, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
THOMAS SAUNDERS and ASHLEY *
SAUNDERS, as Parents and Next Friends of *
T.A.S., a minor, *
* Special Master Dorsey
Petitioners, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) vaccine;
AND HUMAN SERVICES, * Acute Disseminated
* Encephalomyelitis (ADEM).
Respondent. *
*
* * * * * * * * * * * * * * * *
Bryant L. Lewis, Lewis & Johnson, Attorneys at Law, Knoxville, TN, for petitioners.
Glenn MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On March 5, 2014, Thomas and Ashley Saunders (“petitioners”) filed a petition, on
behalf of their minor child, T.A.S., pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that their child developed
acute disseminated encephalomyelitis (“ADEM”) as a result of an influenza (“flu”) vaccination
that he received on October 17, 2012. See Petition at 1. Petitioners further alleged that he
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-00184-UNJ Document 19 Filed 01/07/15 Page 2 of 8
experienced the residual effects of these injuries for more than six months. Id. at 3.
On December 12, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that the injury alleged or any other injury was caused-in-fact by
T.A.S.’s October 17, 2012 influenza vaccine and denies that his current disabilities are sequelae
of this 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $160,000.00, in the form of a check payable to petitioners, as parents
and legal representatives of T.A.S., a minor, representing 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-00184-1
Date issued/filed: 2015-03-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/03/2015) regarding 25 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00184-UNJ Document 28 Filed 03/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 3, 2015
* * * * * * * * * * * * * * UNPUBLISHED
THOMAS SAUNDERS and ASHLEY *
SAUNDERS as parents and Next Friends of,* No. 14-184V
T.A.S., a minor *
*
Petitioners, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Bryant L. Lewis, Lewis & Johnson, Attorneys at Law, Knoxville, TN, for petitioners.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On March 5, 2014, Thomas Saunders and Ashley Saunders (“petitioner”) filed a petition
on behalf of their minor child, T.A.S., pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that T.A.S. developed acute
disseminated encephalomyelitis (“ADEM”) as a result of an influenza (“flu”) vaccination he
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-00184-UNJ Document 28 Filed 03/24/15 Page 2 of 2
received on October 17, 2012. See Petition at 1. On January 7, 2015, the undersigned entered a
decision awarding compensation to petitioners based on a joint stipulation filed by the parties.
On March 2, 2015, the parties filed a stipulation concerning attorneys’ fees and costs. The
parties stipulate to a total award of attorneys’ fees and costs in the amount of $26,000.00. In
accordance with General Order #9, petitioners’ counsel states that petitioners did not personally
incur any costs in pursuit of their 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 petitioners’ 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:
in the form of a check jointly payable to petitioners and to petitioners’ attorney,
Bryant L. Lewis, of the law firm Lewis & Johnson, in the amount of $26,000.00.
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