VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00889
Package ID: USCOURTS-cofc-1_14-vv-00889
Petitioner: Mary Ellen Potter
Filed: 2015-01-26
Decided: 2015-06-10
Vaccine: tetanus
Vaccination date: 2012-07-06
Condition: arm pain and lipomas
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Mary Ellen Potter filed a petition on January 26, 2015, alleging that she suffered arm pain and lipomas caused by a tetanus vaccine she received on July 6, 2012. She further alleged that the residual effects of these injuries lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the tetanus vaccine caused Ms. Potter's alleged injuries. The parties, represented by counsel Jeffrey S. Pop for the petitioner and Lindsay Corliss for the respondent, reached a stipulation to resolve the matter. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. On January 26, 2015, the court adopted the stipulation and awarded Ms. Potter $30,000.00 in total compensation for all damages. Subsequently, on June 10, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs. Petitioner asserted that she incurred no costs. Petitioner's counsel, Jeffrey S. Pop & Associates, submitted an application for attorneys' fees and costs, which was amended to $11,000.00 after respondent raised objections to certain items. Respondent did not object to the revised amount. Special Master Millman found the $11,000.00 amount to be reasonable and awarded it as reimbursement for attorneys' fees and costs, payable jointly to Mary Ellen Potter and Jeffrey S. Pop & Associates. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Mary Ellen Potter alleged that a tetanus vaccine administered on July 6, 2012, caused arm pain and lipomas, with residual effects lasting over six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injuries. The case was resolved via stipulation, with Special Master Laura D. Millman awarding $30,000.00 in damages and $11,000.00 for attorneys' fees and costs on January 26, 2015, and June 10, 2015, respectively. Petitioner was represented by Jeffrey S. Pop and respondent by Lindsay Corliss and later Christine M. Becer.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00889-0
Date issued/filed: 2015-02-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/26/2015) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00889-UNJ Document 22 Filed 02/19/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-889V
Filed: January 26, 2015
Not for Publication
*************************************
MARY ELLEN POTTER, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * tetanus vaccine; arm pain; lipomas
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Lindsay Corliss, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On January 23, 2015, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered arm pain and
lipomas that were caused by her July 6, 2012, receipt of tetanus vaccine. Petitioner further alleges
that she suffered the residual effects of these injuries for more than six months. Respondent
denies that the tetanus vaccine caused petitioner’s arm pain, lipomas, or any other injury.
Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:14-vv-00889-UNJ Document 22 Filed 02/19/15 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$30,000.00, representing reimbursement for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check payable to petitioner in the
amount of $30,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: January 26, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:14-vv-00889-UNJ Document 22 Filed 02/19/15 Page 3 of 7

Case 1:14-vv-00889-UNJ Document 22 Filed 02/19/15 Page 4 of 7

Case 1:14-vv-00889-UNJ Document 22 Filed 02/19/15 Page 5 of 7

Case 1:14-vv-00889-UNJ Document 22 Filed 02/19/15 Page 6 of 7

Case 1:14-vv-00889-UNJ Document 22 Filed 02/19/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00889-1
Date issued/filed: 2015-07-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/10/15) regarding 25 DECISION Fees Stipulation/Proffer. Signed by Special Master Laura D Millman. (LJG) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00889-UNJ Document 28 Filed 07/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-889V
Filed: June 10, 2015
Not for Publication
*************************************
MARY ELLEN POTTER, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Christine M. Becer, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On June 10, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’
fees and costs to respondent. During informal discussions, respondent raised objections to certain
items in petitioner’s application. Based on these objections, petitioner amends her application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:14-vv-00889-UNJ Document 28 Filed 07/01/15 Page 2 of 2
attorneys’ fees and costs to $11,000.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $11,000.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Jeffrey S. Pop & Associates in the amount of $11,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: June 10, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2