VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00197
Package ID: USCOURTS-cofc-1_14-vv-00197
Petitioner: Martin D. Casper
Filed: 2014-03-10
Decided: 2015-09-22
Vaccine: influenza
Vaccination date: 2007-11-12
Condition: Acute Disseminated Encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 246616

AI-assisted case summary:
Martin D. Casper filed a petition on March 10, 2014, alleging that an influenza vaccine he received on November 12, 2007, caused him to suffer Acute Disseminated Encephalomyelitis (ADEM) with residual effects lasting more than six months. The respondent denied that the vaccine caused the alleged injury or that the petitioner's disabilities were a sequela of a vaccine-related injury. The parties reached a stipulation, which Special Master Christian J. Moran adopted as the decision of the Court. Under the stipulation, Mr. Casper was awarded a lump sum of $200,000.00 for all damages. Subsequently, Mr. Casper filed a motion for attorneys' fees and costs. After the respondent raised objections to certain items and the petitioner amended the application, the parties agreed to a total of $46,616.66. Special Master Moran awarded $44,169.00 in attorneys' fees and costs, payable to both petitioner and his counsel, Lisa A. Roquemore, and $2,447.66 in out-of-pocket litigation expenses, payable to Mr. Casper. The total award amounted to $246,616.66. The decision was issued on July 28, 2015, with the fees decision issued on August 17, 2015.

Theory of causation field:
Petitioner Martin D. Casper alleged that an influenza vaccine received on November 12, 2007, caused Acute Disseminated Encephalomyelitis (ADEM) with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation, and the Special Master adopted it. The public decision does not describe the specific theory of causation, medical experts, clinical details, or the mechanism of injury. The case was resolved via stipulation, resulting in a total award of $246,616.66, which included $200,000.00 for damages and $46,616.66 for attorneys' fees and costs. Special Master Christian J. Moran issued the decision on July 28, 2015, and the fees decision on August 17, 2015. Petitioner's counsel was Lisa A. Roquemore, and respondent's counsel was Michael Milmoe.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00197-0
Date issued/filed: 2015-09-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/28/2015) regarding 36 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00197-UNJ Document 47 Filed 09/10/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MARTIN D. CASPER, * No. 14-197V
*
Petitioner, * Special Master Moran
*
v. * Filed: July 28, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Acute Disseminated
* Encephalomyelitis (“ADEM”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Lisa A. Roquemore, Esq., Rancho Santa Margarita, CA, for Petitioner;
Michael Milmoe, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On July 23, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Martin D. Casper on March 10, 2014. In his petition,
Mr. Casper alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
or about October 19, 2012, caused him to suffer Acute Disseminated
Encephalomyelitis (“ADEM”). Petitioner further alleges that he suffered the
residual effects of this injury for more than six months. Petitioner represent that
there has been no prior award or settlement of a civil action for damages on his
behalf as a result of his condition.
Respondent denies that the flu vaccine caused petitioner’s alleged ADEM or
any other injury and further denies that his current disabilities are a sequela 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 1:14-vv-00197-UNJ Document 47 Filed 09/10/15 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 lump sum of $200,000.00 in the form of a check payable to petitioner,
Martin D. Casper. This amount represents compensation for all
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 14-197V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
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.
2

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CCaassee 11::1144--vvvv--0000119977--UUNNJJ DDooccuummeenntt 3457 FFiilleedd 0079//2130//1155 PPaaggee 24 ooff 57

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CCaassee 11::1144--vvvv--0000119977--UUNNJJ DDooccuummeenntt 3457 FFiilleedd 0079//2130//1155 PPaaggee 46 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00197-1
Date issued/filed: 2015-09-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/17/2015) regarding 44 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00197-UNJ Document 48 Filed 09/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MARTIN D. CASPER, * No. 14-197V
*
Petitioner, * Special Master Moran
*
v. * Filed: August 17, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Acute Disseminated
* Encephalomyelitis (“ADEM”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Lisa A. Roquemore, Esq., Rancho Santa Margarita, CA, for Petitioner;
Michael Milmoe, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On August 11, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner on
July 30, 2015, petitioner file a motion for attorneys’ fees and costs (“application”).
Upon review of petitioner’s application, respondent raised objections to certain
items. Based on subsequent discussions, petitioner amended his application to
request $46,616.66, an amount to which respondent does not object. The Court
awards this amount.
On March 10, 2014, Martin D. Casper filed a petition for compensation
alleging that the influenza vaccine, which he received on November 12, 2007,
caused him to suffer acute disseminated encephalomyelitis (“ADEM”). Petitioner
received compensation based upon the parties’ stipulation. Decision, issued July
28, 2015. Because petitioner received compensation, he 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 1:14-vv-00197-UNJ Document 48 Filed 09/22/15 Page 2 of 2
Petitioner seeks a total of $44,169.00, in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred $2,447.66, 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 $44,169.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Lisa A. Roquemore, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $2,447.66, payable to petitioner, Martin D. Casper,
for costs he incurred in pursuit of his 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-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2