VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00897
Package ID: USCOURTS-cofc-1_14-vv-00897
Petitioner: N.W.
Filed: 2015-09-23
Decided: 2016-02-26
Vaccine: influenza
Vaccination date: 
Condition: Acute Disseminated Encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
On September 23, 2014, Buntly and Kristin Willard, as legal representatives of their minor child N.W., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that N.W. suffered Acute Disseminated Encephalomyelitis (ADEM) and related complications as a result of receiving an influenza vaccine. The Secretary of Health and Human Services denied that the flu vaccine caused N.W.'s ADEM or related complications. However, both parties agreed to settle the case through a stipulation filed on August 21, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision in awarding damages. The stipulation awarded a lump sum of $10,000.00, payable to Petitioners, for past unreimbursable medical expenses. Additionally, a lump sum of $55,000.00, payable to Petitioners as guardians/conservators of N.W.'s estate, was awarded for all remaining damages. Subsequently, on January 27, 2016, the parties filed a joint stipulation regarding attorney's fees and costs. Special Master Corcoran approved this stipulation, awarding $27,166.66, payable jointly to Petitioners and their counsel, Michael Adly Baseluos, for attorney's fees and costs. The total compensation awarded was $65,000.00 plus attorney's fees and costs. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.

Theory of causation field:
Petitioners alleged that N.W. suffered Acute Disseminated Encephalomyelitis (ADEM) and related complications as a result of receiving an influenza vaccine. The respondent denied that the flu vaccine caused N.W.'s condition. The parties reached a settlement through a stipulation, agreeing to an award without admitting causation. The Special Master adopted the stipulation, awarding $10,000.00 for past unreimbursable medical expenses and $55,000.00 for all remaining damages. A separate stipulation awarded $27,166.66 for attorney's fees and costs, payable jointly to Petitioners and their counsel, Michael Adly Baseluos. The total award was $65,000.00 plus attorney's fees and costs. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00897-0
Date issued/filed: 2015-09-22
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 8/27/2015) regarding 24 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:14-vv-00897-UNJ Document 28 Filed 09/22/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-897V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
BUNTLY WILLARD and KRISTIN *
WILLARD, Legal Representatives of a Minor *
Child, N.W., *
*
Petitioners, * Filed: August 27, 2015
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
* Acute Disseminated
SECRETARY OF HEALTH AND * Encephalomyelitis (“ADEM”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael Adly Baseluos, San Antonio, TX, for Petitioners.
Gordon Elliot Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On September 23, 2014, Petitioners Buntly Willard and Kristin Willard, Legal
Representatives of a Minor Child, N.W., filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 Petitioners allege that N.W. suffered Acute Disseminated
Encephalomyelitis (“ADEM”) and related complications as a result of receiving an influenza
(“flu”) vaccine.
1 Because this decision contains a reasoned explanation for my action in this case, I will 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)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential
information. Specifically, under 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). Otherwise, the whole decision will be available to the public.
(Id.)
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.A. ' 300aa-10-' 300aa-34 (West
1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.

Case 1:14-vv-00897-UNJ Document 28 Filed 09/22/15 Page 2 of 8
Respondent denies that N.W.’s ADEM and any related medical problems were caused by
the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation filed August 21, 2015, that the issues before them can be settled
and that a decision should be entered awarding Petitioners compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
A lump sum of $10,000.00, in the form of a check payable to Petitioners. This
amount represents compensation for past unreimbursable medical expenses; and
A lump sum of $55,000.00 in the form of a check payable to Petitioners as
guardians/conservators of N.W.’s estate. This amount represents compensation for
all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioners. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their
right to seek review.
2

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CCaassee 11::1144--vvvv--0000889977--UUNNJJ DDooccuummeenntt 2218 FFiilleedd 0089//2212//1155 PPaaggee 68 ooff 68

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00897-1
Date issued/filed: 2016-02-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/1/2016) regarding 30 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:14-vv-00897-UNJ Document 36 Filed 02/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-897V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
BUNTLY WILLARD and KRISTIN WILLARD, *
Legal Representatives of a Minor Child, N.W., *
* Filed: February 1, 2016
Petitioners, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael Adly Baseluos, San Antonio, TX, for Petitioners
Gordon Shemin, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On September 23, 2014, Buntly Willard and Kristin Willard filed a petition on behalf of
their minor child, N.W., seeking compensation under the National Vaccine Injury Compensation
Program. On August 21, 2015, the parties filed a stipulation detailing an amount to be awarded to
Petitioners. I subsequently issued a decision finding the parties’ stipulation to be reasonable and
granting Petitioners the award outlined by the stipulation.
On January 27, 2016, counsel for both parties filed another joint stipulation, this time in
regards to attorney’s fees and costs. The parties have stipulated that Petitioners’ counsel should
1 Because this decision contains a reasoned explanation for my action in this case, I will 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under 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). Otherwise, the whole decision will be
available to the public. (Id.)

Case 1:14-vv-00897-UNJ Document 36 Filed 02/26/16 Page 2 of 2
receive a lump sum of $27,166.66, in the form of a check payable to Petitioners and Petitioners’
counsel. This amount represents a sum to which Respondent does not object. In addition, and in
compliance with General Order No. 9, Petitioners have represented that they did not incur any
reimbursable costs in proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award should be made in the form of a check in the amount of $27,166.66 payable jointly to
Petitioners and Petitioners’ counsel, Michael Baseluos, Esq. 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their
right to seek review.