VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00189
Package ID: USCOURTS-cofc-1_14-vv-00189
Petitioner: B.M.
Filed: 2015-01-12
Decided: 2015-03-13
Vaccine: hepatitis A
Vaccination date: 2012-03-05
Condition: death
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
On March 6, 2014, Itza and Samuel Mejia, as the mother and father and natural guardians of B.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of their minor child. They alleged that B.M.'s death resulted from a hepatitis A vaccine administered on March 5, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused B.M.'s death or any other injury. On January 9, 2015, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum of $200,000.00, payable to petitioners as the legal representatives of B.M.'s estate, as compensation for all damages available under the program. A separate decision on February 19, 2015, addressed attorneys' fees and costs. The parties stipulated to a total award of $32,500.00 for attorneys' fees and costs, jointly payable to petitioners and their attorney, Jeffrey S. Pop. Special Master Dorsey granted this request. Judgment was entered in accordance with the terms of the parties' stipulations.

Theory of causation field:
Petitioners alleged that B.M.'s death was a result of a hepatitis A vaccine administered on March 5, 2012. The respondent denied causation. The parties filed a joint stipulation agreeing to compensation, and Special Master Nora Beth Dorsey adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the death, or the mechanism of injury. The case was resolved via stipulation, with an award of $200,000.00 for all damages, and a separate award of $32,500.00 for attorneys' fees and costs, jointly payable to petitioners and their attorney, Jeffrey S. Pop. The decision was issued by Special Master Dorsey on January 12, 2015, with a subsequent decision on attorneys' fees on March 13, 2015.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00189-0
Date issued/filed: 2015-02-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/12/2015) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00189-UNJ Document 32 Filed 02/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-189V
Filed: January 12, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ITZA MEJIA, as mother and natural *
guardian of B.M., and SAMUEL MEJIA *
as father and natural guardian of B.M., *
* Special Master Dorsey
Petitioners, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Hepatitis A vaccine; Seizures;
AND HUMAN SERVICES, * Death.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Gordon Elliot Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On March 6, 2014, Itza and Samuel Mejia (“petitioners”) filed a petition for
compensation on behalf of their minor child, B.M., pursuant to the National Vaccine Injury
Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that B.M.’s
death was a result of a hepatitis A vaccine administered to her on March 5, 2012. See Petition at
1.
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-00189-UNJ Document 32 Filed 02/02/15 Page 2 of 7
On January 9, 2015, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that B.M.’s death was caused in fact by her receipt of the hepatitis A
vaccine and denies that the hepatitis A vaccine caused 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $200,000.00, in the form of a check payable to petitioners as the legal
representatives of B.M.’s estate. 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

Case 1:14-vv-00189-UNJ Document 32 Filed 02/02/15 Page 3 of 7

Case 1:14-vv-00189-UNJ Document 32 Filed 02/02/15 Page 4 of 7

Case 1:14-vv-00189-UNJ Document 32 Filed 02/02/15 Page 5 of 7

Case 1:14-vv-00189-UNJ Document 32 Filed 02/02/15 Page 6 of 7

Case 1:14-vv-00189-UNJ Document 32 Filed 02/02/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00189-1
Date issued/filed: 2015-03-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/19/2015) regarding 34 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00189-UNJ Document 37 Filed 03/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 19, 2015
* * * * * * * * * * * * * * UNPUBLISHED
ITZA MEJIA, as mother and natural *
guardian of B.M., and SAMUEL MEJIA * No. 14-189V
as father and natural guardian of B.M., *
*
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. *
*
* * * * * * * * * * * * *
Jeffrey S. Pop, Beverly Hills, CA, for petitioners.
Gordon Elliot Shemin, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On March 6, 2014, Itza and Samuel Mejia (“petitioners”) filed a petition for
compensation on behalf of their minor child, B.M., pursuant to the National Vaccine Injury
Compensation Program,2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that B.M.’s
death was a result of a hepatitis A vaccine administered to her on March 5, 2012. See Petition at
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-00189-UNJ Document 37 Filed 03/13/15 Page 2 of 2
1. On January 12, 2015, the undersigned entered a decision awarding compensation to
petitioners based on a joint stipulation filed by the parties.
On February 19, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to a total award to petitioners of
attorneys’ fees and costs in the amount of $32,500.00. 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, Jeffrey S.
Pop, in the amount of $32,500.00.
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