VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00727
Package ID: USCOURTS-cofc-1_14-vv-00727
Petitioner: J.N.S.
Filed: 2014-08-11
Decided: 2016-04-27
Vaccine: MMR
Vaccination date: 2011-07-28
Condition: idiopathic thrombocytopenia purpura (ITP)
Outcome: compensated
Award amount USD: 88527

AI-assisted case summary:
Michael Schlaak, on behalf of his minor child J.N.S., filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2014. The petition alleged that J.N.S. suffered from idiopathic thrombocytopenia purpura (ITP) as a result of a measles-mumps-rubella (MMR) vaccination received on July 28, 2011. Petitioner further alleged that J.N.S. experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that J.N.S. suffered ITP or any other injury as a result of the vaccination and denied that the child experienced residual effects for more than six months. Despite the respondent's denial, the parties filed a joint stipulation for damages on December 4, 2015. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. J.N.S. was awarded a lump sum of $75,000.00, payable to petitioner as guardian/conservator of J.N.S.'s estate, representing compensation for all items of damages. Subsequently, on December 16, 2015, the parties filed a stipulation for attorneys' fees and costs. The court approved an award of $12,574.00 for petitioner's attorneys' fees and $953.64 for petitioner's attorneys' costs, totaling $13,527.64. This total amount was to be paid as a lump sum in the form of a check jointly payable to petitioner and his counsel, Jarrod J. Papendorf. The total compensation awarded to J.N.S. was $88,527.64. Petitioner's counsel was Jarrod J. Papendorf of Menn Law Firm, Ltd., and respondent's counsel was Julia Wernett McInerny of the U.S. Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner alleged that the minor child J.N.S. suffered from idiopathic thrombocytopenia purpura (ITP) as a result of a measles-mumps-rubella (MMR) vaccination received on July 28, 2011. The respondent denied this allegation. The parties reached a joint stipulation for damages, and the case was resolved via this stipulation. The public decision does not describe the specific medical or scientific theory of causation, nor does it name any medical experts or detail the mechanism of injury. The award was based on the stipulation, not on a finding of causation after litigation. The total award was $88,527.64, consisting of $75,000.00 for damages and $13,527.64 for attorneys' fees and costs. The decision was issued by Chief Special Master Nora Beth Dorsey on April 27, 2016, based on stipulations filed on December 4, 2015, and December 16, 2015. Petitioner was represented by Jarrod J. Papendorf and respondent by Julia Wernett McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00727-0
Date issued/filed: 2016-04-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/07/2015) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00727-UNJ Document 36 Filed 04/27/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-727V
Filed: December 7, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL SCHLAAK, on behalf of the *
minor child, J.N.S., *
Petitioner, * Joint Stipulation on Damages;
* Measles-Mumps-Rubella (“MMR”)
* Vaccination; Idiopathic
SECRETARY OF HEALTH * Thrombocytopenia Purpora (“ITP”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jarrod J. Papendorf, Menn Law Firm, Ltd., Appleton, WI, for petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 11, 2014, petitioner filed a petition for compensation, on behalf of his
minor child, J.N.S., under the National Vaccine Injury Compensation Program. 42
U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act”]. Petitioner alleges that J.N.S. suffered
an idiopathic thrombocytopenia purpura [“ITP”] as a result of J.N.S’s measles-mumps-
rubella [“MMR”] vaccination on July 28, 2011. Petition at 1; Stipulation, filed December
4, 2015, ¶¶ 2, 4. Petitioner further alleges that J.N.S. experienced the residual effects
of this injury for more than six months, and that neither petitioner, nor any other party
has filed any other action or received compensation for this injury. Petition, ¶¶ 12, 14-
15; Stipulation, ¶¶ 4-5. “Respondent denies that J.N.S suffered ITP or any other injury
as the result of his July 28, 2011 MMR vaccination, and denies that J.N.S. experienced
the residual effects of this injury for more than six months. ” Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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 redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:14-vv-00727-UNJ Document 36 Filed 04/27/16 Page 2 of 8
Nevertheless, on December 4, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $75,000.00 in the form of a check payable to petitioner as
guardian/conservator of J.N.S.’s estate. Stipulation, ¶ 8. This amount
represents compensation for all items of damages that would be available under
42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

CCaassee 11::1144--vvvv--0000772277--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 1024//0247//1156 PPaaggee 13 ooff 68

CCaassee 11::1144--vvvv--0000772277--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 1024//0247//1156 PPaaggee 24 ooff 68

CCaassee 11::1144--vvvv--0000772277--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 1024//0247//1156 PPaaggee 35 ooff 68

CCaassee 11::1144--vvvv--0000772277--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 1024//0247//1156 PPaaggee 46 ooff 68

CCaassee 11::1144--vvvv--0000772277--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 1024//0247//1156 PPaaggee 57 ooff 68

CCaassee 11::1144--vvvv--0000772277--UUNNJJ DDooccuummeenntt 2386 FFiilleedd 1024//0247//1156 PPaaggee 68 ooff 68

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00727-1
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/16/2015) regarding 32 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00727-UNJ Document 37 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-727V
Filed: December 16, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL SCHLAAK, on behalf of the *
minor child, J.N.S., *
Petitioner, * Attorneys’ Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jarrod J. Papendorf, Menn Law Firm, Ltd., Appleton, WI, for petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 11, 2014, petitioner filed a petition for compensation, on behalf of his
minor child, J.N.S., under the National Vaccine Injury Compensation Program. 42
U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act”]. Petitioner alleged that J.N.S. suffered
an idiopathic thrombocytopenia purpura [“ITP”] as a result of J.N.S’s measles-mumps-
rubella [“MMR”] vaccination on July 28, 2011. Petition at 1; Stipulation, filed December
4, 2015, ¶¶ 2, 4. On December 7, 2015, the undersigned issued a decision awarding
compensation to petitioner based on the parties’ Proffer.
On December 7, 2015, the parties filed a Stipulation for Payment of Fees and
Costs. According to the stipulation, the parties stipulate to an award of $12,574.00
representing petitioner’s attorneys’ fees and $953.64 representing petitioner’s attorneys’
costs. In accordance with General Order #9, petitioner filed a statement on December
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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 redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:14-vv-00727-UNJ Document 37 Filed 04/27/16 Page 2 of 2
16, 2015, representing that he incurred no fees or costs related to the prosecution of
this Petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $13,527.643 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Jarrod J. Papendorf.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2