VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00585
Package ID: USCOURTS-cofc-1_14-vv-00585
Petitioner: Deborah N. Cooper
Filed: 2015-04-10
Decided: 2015-06-08
Vaccine: influenza
Vaccination date: 2012-09-26
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 256722

AI-assisted case summary:
On April 10, 2015, Deborah N. Cooper filed a petition under the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on September 26, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Cooper's ADEM or any other injury. Despite this denial, the parties filed a joint stipulation agreeing to an award of compensation. The stipulation provided for a lump sum payment of $237,500.00 to Ms. Cooper for all damages. A separate stipulation addressed attorneys' fees and costs, resulting in an award of $19,222.35. This amount was made payable jointly to Ms. Cooper and her counsel, Nancy Meyers of Ward Black Law. Special Master Lisa Hamilton-Fieldman reviewed the stipulations, found them reasonable, and adopted them as the decision of the court. Judgment was entered in accordance with the terms of the stipulations. The total compensation awarded to Ms. Cooper was $256,722.35 ($237,500.00 for damages plus $19,222.35 for fees and costs). The decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or the medical experts consulted by either party. The theory of causation is not detailed in the public decision.

Theory of causation field:
Petitioner Deborah N. Cooper alleged that an influenza vaccine administered on September 26, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM). Respondent denied causation. The parties filed a joint stipulation for compensation, agreeing to a lump sum award of $237,500.00 for damages and $19,222.35 for attorneys' fees and costs, totaling $256,722.35. Special Master Lisa Hamilton-Fieldman approved the stipulation and awarded compensation. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The case was resolved via stipulation rather than litigation on the merits.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00585-0
Date issued/filed: 2015-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/10/2015) regarding 20 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00585-UNJ Document 23 Filed 05/04/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-585V
Filed: April 10, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DEBORAH N. COOPER, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Acute
* Disseminated Encephalomyelitis
SECRETARY OF HEALTH * (“ADEM”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Nancy Meyers, Ward Black Law, Greensboro, NC, for Petitioner.
Claudia Gangi, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On July 10, 2014, Deborah Cooper (“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 September 26, 2012 caused her to
suffer from acute disseminated encephalomyelitis (“ADEM”).
On April 9, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused Petitioner’s
alleged ADEM, any other injury, or her current disabilities. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
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-00585-UNJ Document 23 Filed 05/04/15 Page 2 of 7
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 $237,500.00 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--0000558855--UUNNJJ DDooccuummeenntt 1293 FFiilleedd 0045//0094//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000558855--UUNNJJ DDooccuummeenntt 1293 FFiilleedd 0045//0094//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000558855--UUNNJJ DDooccuummeenntt 1293 FFiilleedd 0045//0094//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000558855--UUNNJJ DDooccuummeenntt 1293 FFiilleedd 0045//0094//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000558855--UUNNJJ DDooccuummeenntt 1293 FFiilleedd 0045//0094//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00585-1
Date issued/filed: 2015-06-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/15/2015) regarding 25 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00585-UNJ Document 26 Filed 06/08/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-585
Filed: May 15, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
DEBORAH N. COOPER, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner.
Claudia Gangi, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 10, 2014, Deborah Cooper (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program. 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that the administration of an influenza (“flu”) vaccine on September 26, 2012 caused her to
suffer from acute disseminated encephalomyelitis (“ADEM”). On April 10, 2015, the
undersigned issued a decision awarding compensation to Petitioner.
On May 15, 2015, Respondent filed a Stipulation of Facts Concerning Final Attorneys’
Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $19,222.35
in attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel
represents that Petitioner did not personally incur any costs 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 amounts seem reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $19,222.35, in the
1 The undersigned intends to post this unpublished decision on the United States Court of Federal Claims’
website, 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 file a motion for redaction “of any information furnished by that party
(1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion
of privacy.” In the absence of such motion, the entire decision will be available to the public. Id.
1

Case 1:14-vv-00585-UNJ Document 26 Filed 06/08/15 Page 2 of 2
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Nancy Meyers,
of the law form of Ward Black Law.
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.2
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 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