VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00683
Package ID: USCOURTS-cofc-1_14-vv-00683
Petitioner: R.T.
Filed: 2014-09-12
Decided: 2015-03-23
Vaccine: MMR
Vaccination date: 2013-07-10
Condition: death
Outcome: compensated
Award amount USD: 29407

AI-assisted case summary:
On September 12, 2014, Thomas Tafoya, as father and on behalf of the estate of his minor daughter R.T., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that R.T. suffered severe injuries and death as a result of receiving hepatitis A, measles-mumps-rubella (MMR), Varicella, Haemophilus Influenzae Type b (Hib), and pneumococcal conjugate (Prevnar) vaccinations on July 10, 2013. The respondent, the Secretary of Health and Human Services, filed a report conceding that R.T. was entitled to compensation. The respondent stated that the medical records supported the conclusion that the MMR and Varicella vaccinations caused R.T.'s death. The respondent noted that the records indicated R.T. had an underlying immunodeficiency, and the administration of live Varicella and MMR vaccines likely caused her to develop disseminated viremia, leading to her death. No evidence of an alternative cause of death was found in the record. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell ruled on entitlement on October 22, 2014, finding R.T. entitled to compensation. Subsequently, on March 2, 2015, the parties filed a stipulation regarding attorneys' fees and costs. On March 23, 2015, Chief Special Master Vowell issued a decision approving the stipulation. The parties agreed upon a total award of attorneys' fees and costs in the amount of $29,407.01. Petitioner's counsel, Michael G. McLaren, represented that petitioner incurred no out-of-pocket expenses. The award was to be paid as a lump sum via check jointly payable to the petitioner and petitioner's counsel.

Theory of causation field:
Petitioner R.T., a minor, received Hepatitis A, MMR, Varicella, Hib, and Prevnar vaccinations on July 10, 2013. The petition alleged these vaccinations caused severe injuries and death. The respondent conceded entitlement, stating that the MMR and Varicella vaccinations likely caused R.T.'s death due to an underlying immunodeficiency, leading to disseminated viremia. The public decision does not describe the specific immunodeficiency, onset of symptoms, medical tests, treatments, or the mechanism of disseminated viremia. No experts were named in the public decision. The case proceeded as a Table claim. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on October 22, 2014, based on the respondent's concession. A subsequent stipulation for attorneys' fees and costs was filed, and on March 23, 2015, Chief Special Master Vowell awarded $29,407.01 for attorneys' fees and costs, jointly payable to the petitioner and petitioner's counsel, Michael G. McLaren.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00683-0
Date issued/filed: 2014-10-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/12/2014) regarding 31 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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Case 1:14-vv-00683-UNJ Document 35 Filed 10/22/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-683V
Filed: September 12, 2014
* * * * * * * * * * * * * * * * * * * * * * * * *
R.T., deceased, by her father, *
THOMAS M. TAFOYA *
*
Petitioner, * Ruling on Entitlement; Concession;
* MMR; Varicella; Underlying
v. * Immunodeficiency; Disseminated
* Viremia; Death
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
RULING ON ENTITLEMENT1
Vowell, Special Master:
On July 31, 2014, Thomas Tafoya filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”] on behalf of the estate of his minor daughter, R.T The
petition alleges that as a result of the administration of hepatitis A [“Hep-A”], measles-
mumps-rubella [“MMR”], Varicella, Haemophilus Influenzae Type b [“Hib”], and
pneumococcal conjugate [“Prevnar” or “PCV13”] vaccinations on July 10, 2013, R.T.
suffered severe injuries and death. Petition at 1.
On September 11, 2014, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 9. Specifically, respondent submits that “the medical records
support the conclusion that the MMR and varicella vaccinations caused R.T.’s death.
The records indicate that R.T. had an underlying immunodeficiency, and the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling and order 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00683-UNJ Document 35 Filed 10/22/14 Page 2 of 2
administration of live varicella and MMR vaccines likely caused her to develop
disseminated viremia, leading to her subsequent death.” Id. at 8. Respondent notes
that no evidence of an alternative cause of R.T.’s death exists in the record. Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00683-1
Date issued/filed: 2014-11-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/23/2014) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00683-2
Date issued/filed: 2015-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/02/2015) regarding 42 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00683-UNJ Document 45 Filed 03/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-683V
Filed: March 2, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
R.T., deceased, by her father, *
THOMAS M. TAFOYA *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation;
SECRETARY OF HEALTH AND * Special Processing Unit [“SPU”]
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, for petitioner.
Lindsay Corliss, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On July 31, 2014, Thomas Tafoya filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”] on behalf of the estate of his minor daughter, R.T. The
petition alleges that as a result of the administration of hepatitis A [“Hep-A”], measles-
mumps-rubella [“MMR”], Varicella, Haemophilus Influenzae Type b [“Hib”], and
pneumococcal conjugate [“Prevnar” or “PCV13”] vaccinations on July 10, 2013, R.T.
suffered severe injuries and death. Petition at 1.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this 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)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00683-UNJ Document 45 Filed 03/23/15 Page 2 of 2
The case was assigned to the Special Processing Unit [“SPU”] of the Office of Special
Masters. On October 23, 2014, I issued a decision awarding compensation to petitioner
based on respondent’s Proffer.
On February 27, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a total
award of attorneys’ fees and costs to petitioner in the amount of $29,407.01. In
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total $29,407.013 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Michael G. McLaren.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2