VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00504
Package ID: USCOURTS-cofc-1_14-vv-00504
Petitioner: Kathryn Davis
Filed: 2014-06-12
Decided: 2015-07-06
Vaccine: influenza
Vaccination date: 2013-10-16
Condition: myelitis
Outcome: compensated
Award amount USD: 29500

AI-assisted case summary:
Kathryn Davis filed a petition on June 12, 2014, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 16, 2013, caused her to develop myelitis. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's condition or disabilities. Despite the respondent's denial, the parties reached a stipulation for damages. On May 15, 2015, Special Master Lisa Hamilton-Fieldman issued a decision approving a joint stipulation, awarding Petitioner $12,000.00 in compensation for all damages. This amount represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision noted that the parties agreed to this stipulation, and the Special Master found it reasonable. On June 11, 2015, the parties filed a stipulation concerning attorneys' fees and costs. On July 6, 2015, Special Master Hamilton-Fieldman issued a second decision awarding Petitioner $17,500.00 for attorneys' fees and costs, to which the respondent did not object. This award was made pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1), finding the petition was brought in good faith with a reasonable basis. Petitioner's counsel, Andrew Downing of Van Cott & Talamante, PLLC, represented that Petitioner had not personally incurred expenses. The award for fees and costs was made payable jointly to Petitioner and her counsel. The total compensation awarded to Petitioner was $29,500.00. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Andrew Downing, and Respondent was represented by Althea Davis.

Theory of causation field:
Petitioner Kathryn Davis alleged that an influenza vaccine administered on October 16, 2013, caused her to develop myelitis. The respondent denied this allegation. The parties reached a stipulation for damages and attorneys' fees and costs, resulting in a total award of $29,500.00 ($12,000.00 for damages and $17,500.00 for attorneys' fees and costs). The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The case was resolved via stipulation, not through litigation of the causation theory. Special Master Lisa Hamilton-Fieldman presided over the case. Petitioner was represented by Andrew Downing, and Respondent was represented by Althea Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00504-0
Date issued/filed: 2015-06-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/15/2015) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00504-UNJ Document 28 Filed 06/08/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-504V
Filed: May 15, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KATHRYN DAVIS, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Myelitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Althea Davis, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 12, 2014, Kathryn Davis (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that the administration of an influenza (“flu”) vaccine on October 16, 2013 caused her to suffer
from myelitis.
On May 15, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that Petitioner suffered myelitis or any
other injury that was caused by her flu vaccination. Respondent further denies that the flu
vaccine caused Petitioner’s current disabilities. Nevertheless, the parties agree to the joint
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-00504-UNJ Document 28 Filed 06/08/15 Page 2 of 7
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 stipulate that Petitioner shall receive the following compensation:
A lump sum of $12,000.00 in the form of a check payable to Petitioner. This amount
represents 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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

CCaassee 11::1144--vvvv--0000550044--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0056//1058//1155 PPaaggee 13 ooff 57

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CCaassee 11::1144--vvvv--0000550044--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0056//1058//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000550044--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0056//1058//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00504-1
Date issued/filed: 2015-07-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/12/2015) regarding 30 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00504-UNJ Document 33 Filed 07/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-504V
Filed: June 12, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KATHRYN DAVIS, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Althea Davis, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 12, 2014, Kathryn Davis (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that the administration of an influenza (“flu”) vaccine on October 16, 2013 caused her to suffer
from myelitis. On May 15, 2015, the undersigned issued a decision awarding compensation to
Petitioner.
On June 11, 2015, Respondent filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. Pursuant to their Stipulation, the parties have agreed to an award of $17,500.00 in
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-00504-UNJ Document 33 Filed 07/06/15 Page 2 of 2
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel
represents that Petitioner has not personally incurred any expenses in pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $17,500.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Andrew D.
Downing.
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/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
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