VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00707
Package ID: USCOURTS-cofc-1_14-vv-00707
Petitioner: M.R.R.
Filed: 2014-08-05
Decided: 2016-02-22
Vaccine: HPV
Vaccination date: 2011-08-15
Condition: Immune Thrombocytopenic Purpura (ITP)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
On August 5, 2014, Amy L. Rawson, as mother and guardian of her minor child M.R.R., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that M.R.R. suffered from Immune Thrombocytopenic Purpura (ITP) as a result of Human Papillomavirus (HPV) and Hepatitis A vaccinations administered on August 15, 2011, and July 26, 2012. The petitioner's name was later amended to Amy L. Schipporiet. An amended petition also included allegations regarding a Tdap and MCV4 vaccine administered on July 26, 2012. The parties later stipulated that the Tdap vaccine did not play a role in causing or aggravating the injury. The respondent denied that the HPV, Hepatitis A, or Tdap vaccines caused or significantly aggravated M.R.R.'s condition. On January 26, 2016, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Lisa Hamilton-Fieldman approved the stipulation. M.R.R. was awarded a lump sum of $110,000.00, payable to Petitioner as guardian/conservator of M.R.R.'s estate, representing compensation for all damages. Petitioner was represented by Carol L. Gallagher of Carol L. Gallagher, Esquire, LLC. Respondent was represented by Debra A. Begley of the United States Department of Justice. The decision was issued on February 22, 2016.

Theory of causation field:
Petitioner alleged that M.R.R. suffered Immune Thrombocytopenic Purpura (ITP) as a result of HPV and Hepatitis A vaccinations administered on August 15, 2011, and July 26, 2012. An amended petition also included allegations regarding Tdap and MCV4 vaccines administered on July 26, 2012. The parties stipulated that the Tdap vaccine did not play a role in causing or aggravating the injury. Respondent denied that the HPV, Hepatitis A, or Tdap vaccines caused or significantly aggravated M.R.R.'s condition. The case resulted in a joint stipulation for compensation. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the causation theory. M.R.R. was awarded $110,000.00. Special Master Lisa Hamilton-Fieldman issued the decision on February 22, 2016. Petitioner's counsel was Carol L. Gallagher, and Respondent's counsel was Debra A. Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00707-0
Date issued/filed: 2015-06-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/14/2015) regarding 33 DECISION Interim Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00707-UNJ Document 39 Filed 06/04/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-707V
Filed: May 14, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
AMY L RAWSON, natural mother and *
guardian of M.R.R., a minor, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Decision on Interim Attorneys’ Fees
v. * and Costs; Reasonable Amount
* Requested to Which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Thomas P. Gallagher, Thomas P. Gallagher, Esquire LLC, Somers Point, NJ, for Petitioner.
Debra Begley, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 5, 2014, Amy L. Rawson (“Petitioner”) filed a petition, on behalf of her minor
child M.R.R., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§
300aa-1 to -34 (2006). Petitioner alleged that M.R.R. suffered from Immune Thrombocytopenic
Purpura as a result of the Human Papillomavirus (“HPV”) and Hepatitis A vaccinations
administered on August 15, 2011 and July 26, 2012. Petition (“Pet.”) at 1.
On May 13, 2015, the parties filed a stipulation of fact stating that they had agreed on a
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-00707-UNJ Document 39 Filed 06/04/15 Page 2 of 2
reasonable amount of attorneys’ fees and costs to have been incurred by Petitioner’s counsel to
date. Stipulation, ECF No. 32. Respondent maintains her objection to any award of interim
attorneys’ fees and costs. Nevertheless, the parties agree to the reasonableness of the revised
total of interim attorneys’ fees and costs as set forth in paragraphs 3, 4, and 5 of the joint
stipulation.
The undersigned finds that Petitioner is entitled to an award of interim attorney’s fees and
costs under the unique facts and circumstances of this case. See Butler v. Sec’y, HHS, No. 02-
1051, 2012 WL 4458203 (Fed. Cl. Spec. Mstr. June 25, 2012) (awarding interim attorneys’ fees
and costs over respondent’s objection); Shaw v. Sec’y, HHS, 609 F.3d 1372, 1375 (Fed. Cr.
2010) (holding that “[w]here the claimant establishes that the cost of litigation has imposed an
undue hardship and that there exists a good faith basis for the claim, it is proper for the special
master to award interim attorneys’ fees”). The undersigned finds that paragraphs 3, 4, and 5 of
the stipulation are reasonable and adopts them as the decision of the Court in awarding interim
fees and costs, on the terms set forth therein.
Accordingly, the undersigned hereby awards the total of $17,000.00 issued in the
form of a check payable jointly to Petitioner and Petitioner’s attorney, Thomas P.
Gallagher, for interim attorneys’ fees and costs.
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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00707-1
Date issued/filed: 2016-02-22
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 1/29/16) regarding 59 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00707-UNJ Document 61 Filed 02/22/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-707V
Filed: January 29, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
AMY L. SCHIPPORIET, natural mother and *
guardian of M.R.R., a minor, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Human Papillomavirus (“HPV”)
* Vaccines; Hepatitis A Vaccines;
SECRETARY OF HEALTH * Immune Thrombocytopenic
AND HUMAN SERVICES, * Purpura (“ITP”).
*
Respondent. *
* * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for Petitioner.
Debra A. Begley, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 5, 2014, Amy L. Schipporiet2 (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program, on behalf of her minor child M.R.R.3 42
U.S.C. §§ 300aa-1 to -34 (2006). Petitioner filed an amended Petition on June 23, 2015, alleging
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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 (2012)). 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 Petitioner originally filed the Petition under a different last name, Amy L. Rawson. See
Petition, at 1. The undersigned subsequently granted Petitioner’s Motion to Amend the Case
Caption to reflect Petitioner’s new last name. Orders, ECF Nos. 52, 57.
3 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-00707-UNJ Document 61 Filed 02/22/16 Page 2 of 9
“causation in fact [for] injury (ies) sustained following the HPV [“Human Papillomavirus”] /
Gardasil #1 and Hepatitis A #1 vaccines administered on August 15, 2011, and for aggravation
of injuries sustained following the July 26, 2012 administration of HPV/Gardasil #2, Hepatitis A
#2, Tdap4, and MCV4 vaccines resulting in Immune Thrombocytopenic Purpura (“ITP”)5.”
Amended Petition, ECF No. 42, at 1.6
On January 26, 2016, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Stipulation, ECF No. 58. Respondent denies that the
HPV, Hepatitis A, or Tdap vaccines caused, and/or significantly aggravated, Petitioner’s
condition or any other injury. However, the parties agree to the joint 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 $110,000.00 in the form of a check payable to Petitioner as
guardian/conservator of M.R.R.’s estate. 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.
4 Although Petitioner listed Tdap as vaccine that significantly aggravated a prior condition, the
parties ultimately agreed that the “Tdap vaccine [did not] play[] any role in causing or
significantly aggravating M.R.R.’s alleged injury.” Stipulation, ECF No. 58, at n.1. However,
the Stipulation includes that “Respondent denies that M.R.R.’s ITP, or any other condition, was
caused-in-fact and/or significantly aggravated by her HPV and/or Hepatitis A vaccines . . .
and/or her Tdap vaccine administered on July 26, 2012.” Stipulation, at 2.
5 Immune Thrombocytopenic Purpura and Idiopathic Thrombocytopenia Purpura, both referred
to as ITP, are noted to be used interchangeably. See Stipulation, at 2, n. 2.
6 Petitioner initially alleged that Human Papillomavirus (“HPV”), more specifically Gardasil,
vaccinations and Hepatitis A vaccinations administered on August 15, 2011 and July 26, 2012
caused M.R.R. to develop “Immune Thrombocytopenic Purpura” (“ITP”). Petition (“Pet.”), ECF
No. 1, at 1-2. Petitioner ultimately amended her Petition to reflect the vaccines and injuries
noted above. See Amended Pet. at 1.
2

Case 1:14-vv-00707-UNJ Document 61 Filed 02/22/16 Page 3 of 9
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.7
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
7 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
3

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