VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00448
Package ID: USCOURTS-cofc-1_14-vv-00448
Petitioner: B.A.H.
Filed: 2014-08-29
Decided: 2016-02-19
Vaccine: HPV
Vaccination date: 2011-06-01
Condition: syncope resulting in mandibular fractures, lacerations, and tooth fractures
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Jodi K. Hupe, mother and next friend of B.A.H., a minor, filed a petition for compensation on August 29, 2014, alleging that a June 1, 2011, human papillomavirus (HPV) vaccination caused B.A.H. to experience a syncopal episode resulting in mandibular fractures, lacerations, and tooth fractures. The respondent, the Secretary of Health and Human Services, concluded that B.A.H.'s alleged injury was consistent with syncope, caused-in-fact by the vaccination, and resulted in the described injuries. The Special Master, Christian J. Moran, found that the petitioner had established entitlement to compensation for B.A.H.'s syncopal episode and its related sequelae, including jaw and mouth injuries. A status conference was scheduled to discuss the quantification of damages. Subsequently, on January 6, 2016, the parties filed a stipulation of fact concerning final attorneys' fees and costs. Petitioner's counsel, Theodore G. Pashos, sought $25,000.00 for attorneys' fees and costs, an amount to which the respondent did not object. The Special Master awarded this amount. The total compensation awarded in this matter was $25,000.00.

Theory of causation field:
Petitioner Jodi K. Hupe alleged that a June 1, 2011, human papillomavirus (HPV) vaccination administered to minor B.A.H. caused a syncopal episode resulting in mandibular fractures, lacerations, and tooth fractures. The respondent, Secretary of Health and Human Services, concluded that B.A.H.'s alleged injury was consistent with syncope, caused-in-fact by the vaccination, and resulted in the described injuries. Special Master Christian J. Moran found entitlement to compensation for the syncopal episode and related jaw and mouth injuries. The case proceeded to a stipulation of fact concerning attorneys' fees and costs. Petitioner sought $25,000.00 for attorneys' fees and costs, which respondent did not object to. Special Master Moran awarded $25,000.00. The theory of causation was considered off-Table. Attorneys for petitioner were Theodore G. Pashos and his firm. Attorney for respondent was Amy Kokot. The decision on entitlement was issued on September 24, 2014, and the decision on fees and costs was issued on February 19, 2016.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00448-0
Date issued/filed: 2014-09-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/29/2014) regarding 14 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00448-UNJ Document 17 Filed 09/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JODI K. HUPE, mother and *
next friend of B.A.H., a minor, *
* No. 14-448V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 29, 2014
*
SECRETARY OF HEALTH * Stipulation; human papillomavirus
AND HUMAN SERVICES, * (“HPV”) vaccine; syncope; fractures.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Theodore G. Pashos, Niedner Bodeux et al., St. Charles, MO, for Petitioner;
Lindsay Corliss, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On May 27, 2014, Jodi K. Hupe, on behalf of her minor daughter, B.A.H.,
filed a petition for compensation alleging that as a result of a June 1, 2011, human
papillomavirus (“HPV”) vaccination, B.A.H. experienced a syncopal episode
resulting in mandibular fractures, lacerations, and tooth fractures. Ms. Hupe seeks
compensation pursuant to the National Vaccine Injury Compensation Program, 42
U.S.C. §§ 300aa-10 through 34 (2006).
In the Rule 4 (c) report, respondent stated that Ms. Hupe’s claim is
compensable under the Act. Respondent stated that the Division of Vaccine Injury
Compensation, Department of Health and Human Services, has reviewed the facts
of this case and have concluded that “B.A.H’s alleged injury is consistent with
syncope, caused-in-fact by her vaccination, resulting in mandibular fractures,
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-00448-UNJ Document 17 Filed 09/24/14 Page 2 of 2
multiple lacerations, and tooth fractures.” Resp’t’s Rep., filed Aug. 21, 2014, at
5.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record. A hearing is not required. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that she is entitled to
compensation for B.A.H.’s injuries, limited to B.A.H.’s syncopal episode and its
related sequelae, including her jaw and mouth injuries, only.
Accordingly, Ms. Hupe is entitled to compensation. A status conference
is set for Monday, October 20, 2014 at 11:00 A.M. Eastern Time to discuss the
process for quantifying the amount of damages to which he is entitled.
Any questions shall be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00448-1
Date issued/filed: 2015-03-09
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 02/12/2015) regarding 32 DECISION Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00448-UNJ Document 33 Filed 03/09/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JODI K. HUPE, mother and *
next friend of B.A.H., a minor, *
* No. 14-448V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 12, 2015
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * human papillomavirus (“HPV”);
* syncope; jaw and teeth injury.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Theodore G. Pashos, Niedner Bodeux et al., St. Charles, MO, for Petitioner;
Lindsay Corliss, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On May 27, 2014, Jodi K. Hupe filed a petition on behalf of her daughter,
B.A.H., seeking compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa—10 through 34 (2006), alleging that the human
papillomavirus (“HPV”) vaccination caused B.A.H. to suffer syncope resulting in
injuries to her jaw and teeth. On August 29, 2014, the undersigned determined that
petitioner is entitled to compensation under the Vaccine Act.
On February 10, 2015, respondent filed a Proffer on Award of
Compensation, to which petitioner agrees.2 Based upon the record as a whole, the
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.
2 Respondent previously filed a proffer for award on December 22, 2014. The
undersigned issued a decision based on this proffer on December 30, 2014, and later granted
petitioner’s joint motion to vacate his decision allowing the parties to amend the form of the
award. See order, issued Jan 14, 2015.

Case 1:14-vv-00448-UNJ Document 33 Filed 03/09/15 Page 2 of 6
special master finds the proffer reasonable and that petitioner is entitled to an
award as stated in the Proffer. Pursuant to the attached Proffer, the court awards
petitioner:
A. A lump sum payment of $5,395.00, representing compensation for past
unreimbursable vaccine-related medical expenses, in the form of a
check payable to petitioner, Jodi K. Hupe, as guardian/conservator of
B.A.H.’s estate.
B. An amount sufficient to purchase an annuity contract, paid to the life
insurance company from which the annuity will be purchased, subject
to the conditions described in the attached Proffer (Appendix A), that
will provide payments to B.A.H. as set forth below:
1. Beginning October 17, 2015, $20,000.00 payable annually for six
(6) years certain only.
2. On October 17, 2022, a certain lump sum of $10,156.21.
This amount represents all remaining elements of compensation to
which B.A.H. would be entitled under 42 U.S.C. § 300aa-15(a).
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.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

Case 1:14-vv-00448-UNJ Document 33 Filed 03/09/15 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JODY K. HUPE, mother and next friend of )
B.A.H., a minor, )
)
Petitioner, ) No. 14-448V ECF
)
v. ) Special Master Moran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 27, 2014, petitioner, on behalf of her minor daughter, B.A.H., filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986 (the “Vaccine Act”), as
amended. 42 U.S.C. §§ 300aa-1 et seq. Petitioner alleges that, after B.A.H. received the human
papillomavirus vaccine on June 1, 2011, she suffered syncope resulting in injuries to her jaw and
teeth. Petitioner alleges a theory based on causation-in-fact. The Secretary of Health and
Human Services (“respondent”) filed a Vaccine Rule 4(c) Report, conceding that B.A.H.
suffered from syncope resulting in mandibular fractures, multiple lacerations, tooth fractures, and
requiring multiple surgeries, and recommending that petitioner be awarded compensation.
Respondent hereby submits the following proffer regarding the award of compensation. This
proffer does not address final attorneys’ fees and litigation costs. Petitioner is additionally
entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon
petitioner submitting substantiating documentation.

Case 1:14-vv-00448-UNJ Document 33 Filed 03/09/15 Page 4 of 6
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is entitled to an
award for projected unreimbusable medical care expenses as provided under the Vaccine Act, 42
U.S.C. § 300aa-15(a)(1)(A), in the amount of $77,040.38. Petitioner agrees.
B. Lost Future Earnings
Respondent proffers that based upon the evidence of record, B.A.H. is not likely to suffer
a loss of earnings as a result of her vaccine injury. Accordingly, petitioner should not be
awarded lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded a lump sum of $50,000.00 for
B.A.H.’s actual pain and suffering as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(4). Petitioner agrees.
D. Past Unreimburseable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to B.A.H.’s vaccine-related injury. Respondent proffers that petitioner should
be awarded past unreimbursable expenses in the amount of $5,395.00. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to B.A.H.’s
vaccine-related injury.
2

Case 1:14-vv-00448-UNJ Document 33 Filed 03/09/15 Page 5 of 6
II. Form of the Award
The parties recommend that the compensation provided to petitioner, to be received on
behalf of B.A.H., should be made through a combination of a lump sum payment and future
annuity payments as described below, and request that the special master's decision and the
Court's judgment award the following:1
A. A lump sum payment of $5,395.00, representing compensation for past
unreimbursable vaccine-related medical expenses, in the form of a check payable to petitioner.
B. An amount sufficient to purchase an annuity contract,2 paid to the life insurance
company3 from which the annuity will be purchased,4 subject to the conditions described below,
that will provide payments to B.A.H. as set forth below:
1. Beginning October 17, 2015, $20,000.00 payable annually for six (6) years
certain only.
2. On October 17, 2022, a certain lump sum of $10,156.21.
1 Should B.A.H. die prior to entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts
from one or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this
case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
3

Case 1:14-vv-00448-UNJ Document 33 Filed 03/09/15 Page 6 of 6
This amount represents all remaining elements of compensation to which B.A.H.
would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.5 Should B.A.H. predecease any of the certain payments set forth above, said
payments shall be made to her estate. Written notice to the Secretary of Health and Human
Services and to the Life Insurance Company shall be provided within twenty (20) days of
B.A.H.’s death.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
/s/ Lindsay Corliss
LINDSAY CORLISS
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-9197
Dated: February 10, 2015 Fax: (202) 616-4310
5 At the time payment is received, B.A.H. will be an adult, and thus guardianship is not
required.
4

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00448-2
Date issued/filed: 2015-08-07
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 07/06/2015) regarding 40 DECISION Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00448-UNJ Document 44 Filed 08/07/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JODI K. HUPE, mother and *
next friend of B.A.H., a minor, *
* No. 14-448V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 6, 2015
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * human papillomavirus (“HPV”);
* syncope; jaw and teeth injury.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Theodore G. Pashos, Niedner Bodeux et al., St. Charles, MO, for Petitioner;
Amy P. Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On May 27, 2014, Jodi K. Hupe filed a petition on behalf of her daughter,
B.A.H., seeking compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa—10 through 34 (2006), alleging that the human
papillomavirus (“HPV”) vaccination caused B.A.H. to suffer syncope resulting in
injuries to her jaw and teeth. On August 29, 2014, the undersigned determined that
petitioner is entitled to compensation under the Vaccine Act.
On February 10, 2015, respondent filed a Proffer on Award of
Compensation, to which petitioner agrees. Based upon the record as a whole, the
special master finds the proffer reasonable and that petitioner is entitled to an
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-00448-UNJ Document 44 Filed 08/07/15 Page 2 of 6
award as stated in the Proffer. 2 Pursuant to the attached Proffer, the court awards
petitioner:
A. A lump sum payment of $5,395.00, representing compensation for past
unreimbursable vaccine-related medical expenses, in the form of a
check payable to petitioner, Jodi K. Hupe.
B. An amount sufficient to purchase an annuity contract, paid to the life
insurance company from which the annuity will be purchased, subject
to the conditions described in the attached Proffer (Appendix A), that
will provide payments to B.A.H. as set forth below:
1. Beginning October 17, 2015, $20,000.00 payable annually for six
(6) years certain only.
2. On October 17, 2022, a certain lump sum of $10,156.21.
This amount represents all remaining elements of compensation to
which B.A.H. would be entitled under 42 U.S.C. § 300aa-15(a).
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.
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 Respondent previously filed a proffer for award on December 22, 2014. The
undersigned issued a decision based on this proffer on December 30, 2014, and later granted
petitioner’s joint motion to vacate his decision allowing the parties to amend the form of the
award. See order, issued Jan 14, 2015.
The undersigned issued a second decision on February 12, 2015, based on respondent’s
February 10, 2015 proffer and later granted a motion to vacate that decision to correct for an
error in the award not in accordance with the proffer. See order, issued June 23, 2015.
2

CCaassee 1 1:1:144-v-vvv-0-000444488-U-UNNJJ D Dooccuummeennt t4 404-1 F Fileiledd 0 087/0/076/1/155 P Paaggee 3 1 o of f6 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JODY K. HUPE, mother and next friend of )
B.A.H., a minor, )
)
Petitioner, ) No. 14-448V ECF
)
v. ) Special Master Moran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 27, 2014, petitioner, on behalf of her minor daughter, B.A.H., filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986 (the “Vaccine Act”), as
amended. 42 U.S.C. §§ 300aa-1 et seq. Petitioner alleges that, after B.A.H. received the human
papillomavirus vaccine on June 1, 2011, she suffered syncope resulting in injuries to her jaw and
teeth. Petitioner alleges a theory based on causation-in-fact. The Secretary of Health and
Human Services (“respondent”) filed a Vaccine Rule 4(c) Report, conceding that B.A.H.
suffered from syncope resulting in mandibular fractures, multiple lacerations, tooth fractures, and
requiring multiple surgeries, and recommending that petitioner be awarded compensation.
Respondent hereby submits the following proffer regarding the award of compensation. This
proffer does not address final attorneys’ fees and litigation costs. Petitioner is additionally
entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon
petitioner submitting substantiating documentation.

CCaassee 1 1:1:144-v-vvv-0-000444488-U-UNNJJ D Dooccuummeennt t4 404-1 F Fileiledd 0 087/0/076/1/155 P Paaggee 4 2 o of f6 4
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is entitled to an
award for projected unreimbusable medical care expenses as provided under the Vaccine Act, 42
U.S.C. § 300aa-15(a)(1)(A), in the amount of $77,040.38. Petitioner agrees.
B. Lost Future Earnings
Respondent proffers that based upon the evidence of record, B.A.H. is not likely to suffer
a loss of earnings as a result of her vaccine injury. Accordingly, petitioner should not be
awarded lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded a lump sum of $50,000.00 for
B.A.H.’s actual pain and suffering as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(4). Petitioner agrees.
D. Past Unreimburseable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to B.A.H.’s vaccine-related injury. Respondent proffers that petitioner should
be awarded past unreimbursable expenses in the amount of $5,395.00. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to B.A.H.’s
vaccine-related injury.
2

CCaassee 1 1:1:144-v-vvv-0-000444488-U-UNNJJ D Dooccuummeennt t4 404-1 F Fileiledd 0 087/0/076/1/155 P Paaggee 5 3 o of f6 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner, to be received on
behalf of B.A.H., should be made through a combination of a lump sum payment and future
annuity payments as described below, and request that the special master's decision and the
Court's judgment award the following:1
A. A lump sum payment of $5,395.00, representing compensation for past
unreimbursable vaccine-related medical expenses, in the form of a check payable to petitioner.
B. An amount sufficient to purchase an annuity contract,2 paid to the life insurance
company3 from which the annuity will be purchased,4 subject to the conditions described below,
that will provide payments to B.A.H. as set forth below:
1. Beginning October 17, 2015, $20,000.00 payable annually for six (6) years
certain only.
2. On October 17, 2022, a certain lump sum of $10,156.21.
1 Should B.A.H. die prior to entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts
from one or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this
case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
3

CCaassee 1 1:1:144-v-vvv-0-000444488-U-UNNJJ D Dooccuummeennt t4 404-1 F Fileiledd 0 087/0/076/1/155 P Paaggee 6 4 o of f6 4
This amount represents all remaining elements of compensation to which B.A.H.
would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.5 Should B.A.H. predecease any of the certain payments set forth above, said
payments shall be made to her estate. Written notice to the Secretary of Health and Human
Services and to the Life Insurance Company shall be provided within twenty (20) days of
B.A.H.’s death.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
/s/ Lindsay Corliss
LINDSAY CORLISS
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-9197
Dated: February 10, 2015 Fax: (202) 616-4310
5 At the time payment is received, B.A.H. will be an adult, and thus guardianship is not
required.
4

================================================================================
DOCUMENT 4: USCOURTS-cofc-1_14-vv-00448-3
Date issued/filed: 2016-02-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 7/6/15) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: #1 Appendix)(dh) Copy to parties. Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da).
--------------------------------------------------------------------------------
Case 1:14-vv-00448-UNJ Document 48 Filed 02/19/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JODI K. HUPE, mother and *
next friend of B.A.H., a minor, *
* No. 14-448V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: January 8, 2016
*
SECRETARY OF HEALTH * Attorney’s fees and costs; award in
AND HUMAN SERVICES, * the amount to which respondent does
* not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Theodore G. Pashos, Esq., Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos,
L.L.P., St. Charles, MO, for Petitioner;
Amy Kokot, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On January 6, 2016, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $25,000.00 for attorneys’ fees and costs incurred by
petitioner’s counsel, an amounts to which respondent does not object. The Court
awards this amount.
On May 27, 2014, Jodi K. Hupe, mother and next friend of B.A.H., filed a
petition for compensation, alleging that the Gardasil vaccination, which she
received on June 1, 2011, caused B.A.H. to lose consciousness and fall, suffering
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-00448-UNJ Document 48 Filed 02/19/16 Page 2 of 4
injuries to her jaw and face. Petitioner received compensation based upon the
parties’ proffer. Decision, issued July 9, 2015. Because petitioner received
compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $25,000.00 in attorneys’ fees and costs.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $25,000.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Theodore G. Pashos, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
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, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

CCaassee 11::1144--vvvv--0000444488--UUNNJJ DDooccuummeenntt 4458 FFiilleedd 0012//0169//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JODI K. HUPE, Mother and Next Friend of )
B.A.H., a Minor, )
)
Petitioner, )
) No. 14-448V (ECF)
v. ) Special Master Moran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION OF FACT CONCERNING FINAL ATTORNEYS’ FEES AND COSTS
It is hereby stipulated by and between the parties, the following factual matters:
1. Theodore G. Pashos, Esq., of the law firm Niedner, Bodeux, Carmichael, Huff,
Lenox, and Pashos, L.L.P., is the attorney of record for petitioner in this matter.
2. Petitioner informally submitted an amended Application for Attorneys’ Fees and
Costs (“Application”) to respondent on or about December 30, 2015.
3. During informal discussions, respondent raised certain objections to petitioner’s
Application. Based on these discussions, petitioner has amended her request for
attorneys’ fees and costs in this matter to request reimbursement for attorneys’ fees
and costs in the amount of $25,000.00.
4. Respondent does not object to the amended request.
5. Pursuant to General Order #9, petitioner represents that she has not incurred
any personal litigation costs in pursuit of this claim.
6. The parties now request that a decision awarding the attorneys’ fees and costs
described in paragraph 3 of this Stipulation be issued, directing payment in the
form a check for $25,000.00 made payable jointly to petitioner and petitioner’s
counsel.
7. Nothing in this Stipulation, including the amount set forth in paragraphs 3 and 6,
should be construed as an admission, concession, or waiver by either party as to any
of the matters raised by petitioner’s request for attorneys’ fees and costs, including
1

CCaassee 11::1144--vvvv--0000444488--UUNNJJ DDooccuummeenntt 4458 FFiilleedd 0012//0169//1166 PPaaggee 24 ooff 24
but not limited to the hourly rates requested, the number of hours requested, and
other litigation-related costs.
Respectfully submitted,
Dated: January 6, 2016 By: s/Theodore G. Pashos by s/APK
THEODORE G. PASHOS
Attorney for Petitioner
Niedner, Bodeux, Carmichael, Huff,
Lenox, and Pashos, L.L.P.
131 Jefferson Street
St. Charles, MO 63301
Tel: (636) 949-9300
Dated: January 6, 2016 By: s/Amy P. Kokot
AMY P. KOKOT
Attorney for Respondent
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
2