VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00256
Package ID: USCOURTS-cofc-1_14-vv-00256
Petitioner: Rene Dumas
Filed: 2015-07-28
Decided: 2016-08-25
Vaccine: Tdap
Vaccination date: 2012-11-26
Condition: lymphangitis and cellulitis
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Rene Dumas filed a petition on April 1, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that receiving the Tetanus-Diphtheria-acellular Pertussis (Tdap) immunization on November 26, 2012, caused lymphangitis and cellulitis. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the alleged injuries or any other injury or disability. While both parties maintained their positions, they agreed to settle the case. On June 11, 2015, the parties filed a stipulation regarding attorney's fees and costs, with petitioner requesting reimbursement in the amount of $12,740.07, which the respondent did not object to. Special Master Brian H. Corcoran approved this amount as reasonable on July 28, 2015, ordering that a check be made payable jointly to Rene Dumas and her counsel, Danielle A. Strait of Maglio Christopher & Toale, PA. Subsequently, on February 24, 2015, the parties filed a stipulation for damages. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The stipulation awarded Rene Dumas a lump sum of $15,000.00 for all damages available under the program, to be paid by check to the petitioner. This award represents a settlement of the claim. The decision awarding damages was issued on August 25, 2016. Claudia B. Gangi of the U.S. Department of Justice represented the respondent.

Theory of causation field:
Petitioner Rene Dumas alleged that the Tdap vaccine received on November 26, 2012, caused lymphangitis and cellulitis. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not describe the specific medical mechanism or provide expert testimony regarding the theory of causation. The case was settled via stipulation, resulting in an award of $15,000.00 for damages and $12,740.07 for attorney's fees and costs. Special Master Brian H. Corcoran issued decisions on attorney's fees and costs on July 28, 2015, and on damages on August 25, 2016. Petitioner was represented by Danielle A. Strait, and respondent by Claudia B. Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00256-0
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/16/2015) Regarding 26 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:14-vv-00256-UNJ Document 29 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-256V
* * * * * * * * * * * * * * * * * * * * * * * * *
RENE DUMAS, *
*
* Filed: June 16, 2015
Petitioner, *
*
v. * Decision by Stipulation; Attorney’s Fees
* and Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Claudia B. Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On April 1, 2014, Renѐ Dumas filed a petition seeking compensation under the National
Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that receiving
the Tetanus-Diphtheriaacellular Pertussis (“Tdap”) immunization on November 26, 2012, caused
her alleged lymphangitis and cellulitis. Respondent denies that the Tdap vaccine caused
Petitioner’s alleged lymphangitis, cellulitis, any other injury, or her current disability. Nonetheless
both parties, while maintaining their above-stated positions, agreed that the issues before them can
be settled and that a decision should be entered awarding Attorneys’ Fee and Costs.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 (2002)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:14-vv-00256-UNJ Document 29 Filed 07/28/15 Page 2 of 2
On June 11, 2015, the parties filed a stipulation regarding attorney’s fees and costs. ECF
No. 24. Petitioner requests reimbursement of attorney’s fees and costs in the amount of $12,740.07.
Id. This amount represents a sum to which Respondent does not object. Id. In addition, and in
compliance with General Order No. 9, Petitioner’s counsel represents that Petitioner has not
personally incurred any expenses in litigating this case. Id.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $12,740.07 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Danielle A. Strait. Payment of this amounts represents all attorney’s fees and
costs available under 42 U.S.C. § 300aa-15(e). 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00256-1
Date issued/filed: 2016-08-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/24/2015) Regarding 20 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:14-vv-00256-UNJ Document 30 Filed 08/25/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-256V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
RENE DUMAS, * Filed: February 24, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Tetanus-Diphtheria-Acellular
* Pertussis (“Tdap”) Vaccine;
SECRETARY OF HEALTH AND * Lymphangitis; Cellulitis
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Claudia Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 1, 2014, Renè Dumas filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 Petitioner alleges that receiving the Tetanus-Diphtheria-
acellular Pertussis (“Tdap”) immunization on November 26, 2012, caused her alleged
lymphangitis and cellulitis.
Respondent denies that the Tdap vaccine caused Petitioner’s alleged lymphangitis,
cellulitis, any other injury, or her current disability. Nonetheless both parties, while maintaining
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006)) [hereinafter
“Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:14-vv-00256-UNJ Document 30 Filed 08/25/16 Page 2 of 7
their above-stated positions, agreed in a stipulation (filed February 24, 2015) that the issues before
them can be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $15,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk
of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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